Suspending limitations on conference committee
jurisdiction, S.B. 1
By ____________________ H.R. No. ____
74R14062 ESH/CAS/KKA-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 74th Legislature, Regular Session, 1995, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 1 to consider and take
1-6 action on the following matters:
1-7 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to add text to Section 1.003, Education Code, to read
1-9 as follows:
1-10 Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS.
1-11 On all regular school days, every school and other educational
1-12 institution to which this code applies shall fly the United States
1-13 and Texas flags.
1-14 Explanation: This change is necessary to require schools and
1-15 educational institutions to fly the United States flag.
1-16 (2) House Rule 13, Section 9(a)(1), is suspended to permit
1-17 the committee to delete "vocational" and substitute "career and
1-18 technology" in Section 5.001(2), Education Code.
1-19 Explanation: The language is changed to conform with
1-20 terminology used in federal law.
1-21 (3) House Rule 13, Section 9(a)(1), is suspended to permit
1-22 the committee to amend Section 7.056(e)(3)(A), Education Code
1-23 (Section 7.104(e)(1), Education Code, in engrossed version), to
1-24 read as follows:
2-1 (e) Except as provided by Subsection (f), a school campus or
2-2 district may not receive an exemption or waiver under this section
2-3 from:
2-4 . . .
2-5 (3) a requirement, restriction, or prohibition
2-6 relating to:
2-7 (A) essential knowledge or skills under Section
2-8 28.001 or minimum graduation requirements under Section 28.025;
2-9 Explanation: This change is necessary to conform to changes
2-10 made to the commissioner of education's and State Board of
2-11 Education's duties relating to curriculum requirements under
2-12 Subchapter A, Chapter 28.
2-13 (4) House Rule 13, Section 9(a)(1), is suspended to permit
2-14 the committee to amend Section 7.056(e)(3)(B), Education Code
2-15 (Section 7.104(e)(2), Education Code, in engrossed version), to
2-16 read as follows:
2-17 (e) Except as provided by Subsection (f), a school campus or
2-18 district may not receive an exemption or waiver under this section
2-19 from:
2-20 . . .
2-21 (3) a requirement, restriction, or prohibition
2-22 relating to:
2-23 . . .
2-24 (B) public school accountability as provided by
2-25 Subchapters B, C, D, and G, Chapter 39;
2-26 Explanation: This change is necessary to conform to changes
2-27 made to Chapter 39, relating to the applicability of that chapter
3-1 to school districts operating under a charter.
3-2 (5) House Rule 13, Section 9(a)(1), is suspended to permit
3-3 the committee to substitute "purchasing" for "competitive bidding"
3-4 in Section 7.056(e)(3)(E), Education Code (Section 7.104(e)(12),
3-5 Education Code, in engrossed version).
3-6 Explanation: This change is necessary to conform to
3-7 Subchapter B, Chapter 44, which pertains not only to competitive
3-8 bidding but also to purchasing by other means.
3-9 (6) House Rule 13, Section 9(a)(1), is suspended to permit
3-10 the committee to amend Section 7.056(f)(3)(A), Education Code
3-11 (Section 7.104(f)(2), Education Code, in engrossed version), to
3-12 read as follows:
3-13 (f) A school district or campus that is required to develop
3-14 and implement a student achievement improvement plan under Section
3-15 39.131 may receive an exemption or waiver under this section from
3-16 any law or rule other than:
3-17 . . .
3-18 (3) a requirement, restriction, or prohibition imposed
3-19 by state law or rule relating to:
3-20 (A) public school accountability as provided by
3-21 Subchapters B, C, D, and G, Chapter 39; or . . . .
3-22 Explanation: This change is necessary to conform to changes
3-23 made to Chapter 39, relating to the applicability of that chapter
3-24 to school districts operating under a charter.
3-25 (7) House Rule 13, Section 9(a)(3), is suspended to permit
3-26 the committee to add text in Section 7.056(f)(4), Education Code
3-27 (Section 7.104(f), Education Code, in engrossed version), to read
4-1 as follows:
4-2 (f) A school district or campus that is required to develop
4-3 and implement a student achievement improvement plan under Section
4-4 39.131 may receive an exemption or waiver under this section from
4-5 any law or rule other than:
4-6 . . .
4-7 (4) textbook selection under Chapter 31.
4-8 Explanation: This change is necessary to prohibit a school
4-9 district or campus that is required to develop and implement a
4-10 student achievement improvement plan from receiving an exemption or
4-11 waiver from requirements regarding textbook selection.
4-12 (8) House Rule 13, Section 9(a)(3), is suspended to permit
4-13 the committee to add text in Section 7.057(b), Education Code
4-14 (Section 7.105(b), Education Code, in engrossed version), to read
4-15 as follows:
4-16 (b) Except as provided by Subsection (c), the commissioner,
4-17 after due notice to the parties interested, shall hold a hearing
4-18 and issue a decision without cost to the parties involved. In
4-19 conducting a hearing under this subsection, the commissioner has
4-20 the same authority relating to discovery and conduct of a hearing
4-21 as an independent hearing examiner has under Subchapter F, Chapter
4-22 21. This section does not deprive any party of any legal remedy.
4-23 Explanation: This change is necessary to clarify the
4-24 authority of the commissioner in conducting a hearing.
4-25 (9) House Rule 13, Section 9(a)(1), is suspended to permit
4-26 the committee to amend Section 7.105, Education Code (Section
4-27 7.055, Education Code, in engrossed version), to read as follows:
5-1 Sec. 7.105. COMPENSATION AND REIMBURSEMENT. (a) A member
5-2 of the board is not entitled to receive compensation.
5-3 (b) A member of the board is entitled to reimbursement of
5-4 the member's expenses as provided by law.
5-5 Explanation: This change is necessary because the reference
5-6 to reimbursement of expenses as provided by law includes the
5-7 specific instances in which reimbursement is permitted as provided
5-8 by the senate and house versions of the bill.
5-9 (10) House Rule 13, Section 9(a)(1), is suspended to permit
5-10 the committee to strike references in Section 7.109, Education Code
5-11 (Section 7.061, Education Code, in engrossed version), to the
5-12 "State Board for Career and Technical Education" and substitute
5-13 references to the "State Board for Career and Technology
5-14 Education."
5-15 Explanation: This change is necessary to conform to language
5-16 used in federal law.
5-17 (11) House Rule 13, Section 9(a)(4), is suspended to permit
5-18 the committee to add text to Section 11.051(c), Education Code, to
5-19 read as follows:
5-20 A board of trustees that votes to increase its membership must
5-21 consider whether the district would benefit from also adopting a
5-22 single-member election system under Section 11.052.
5-23 Explanation: This change is necessary to require a board of
5-24 trustees that decides to increase its membership to consider the
5-25 benefits of adopting single-member trustee districts.
5-26 (12) House Rule 13, Section 9(a)(4), is suspended to permit
5-27 the committee to add Subdivision (13) to Section 11.158(a),
6-1 Education Code (Section 12.109(a), Education Code, in engrossed
6-2 version; Section 11.108(a), Education Code, in house special
6-3 printing), to read as follows:
6-4 (13) a fee for a course offered during summer school,
6-5 except that the board may charge a fee for a course required for
6-6 graduation only if the course is offered without a fee during the
6-7 regular school year.
6-8 Explanation: This change is necessary to allow the board of
6-9 trustees of an independent school district to continue to charge a
6-10 fee for certain summer school courses. Under current law boards
6-11 may charge the fee based on a rule adopted by the State Board of
6-12 Education under Section 20.53(c), Education Code, which conveys
6-13 broad authority for rules regarding fees. Current Section 20.53(c)
6-14 is omitted from S.B. 1. As a result, specific authority for the
6-15 particular fee is necessary.
6-16 (13) House Rule 13, Section 9(a)(1), is suspended to permit
6-17 the committee to delete "vocational-technical" and substitute
6-18 "career and technology" in Section 11.158(g), Education Code
6-19 (Section 12.109(f), Education Code, in engrossed version; Section
6-20 11.108(g), Education Code, in house special printing).
6-21 Explanation: The language is changed to conform with
6-22 terminology used in federal law.
6-23 (14) House Rule 13, Section 9(a)(1), is suspended to permit
6-24 the committee to amend Section 11.159(a), Education Code (Section
6-25 12.110(a), Education Code, in engrossed version; Section 11.109,
6-26 Education Code, in house special printing), to read as follows:
6-27 (a) The State Board of Education shall provide a training
7-1 course for independent school district trustees to be offered by
7-2 the regional education service centers. Registration for a course
7-3 must be open to any interested person, including current and
7-4 prospective board members, and the state board may prescribe a
7-5 registration fee designed to offset the costs of providing that
7-6 course.
7-7 Explanation: This change is necessary to authorize regional
7-8 education service centers to be the sole provider of training
7-9 courses designed by the State Board of Education for members of
7-10 boards of trustees.
7-11 (15) House Rule 13, Section 9(a)(4), is suspended to permit
7-12 the committee to add Section 12.003, Education Code, to read as
7-13 follows:
7-14 Sec. 12.003. AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER
7-15 CHARTERS. This chapter does not limit the authority of the board
7-16 of trustees of a school district to grant a charter to a campus or
7-17 program to operate in accordance with the other provisions of this
7-18 title and rules adopted under those provisions.
7-19 Explanation: This change is necessary to clarify that the
7-20 board of trustees of a school district can create a "charter
7-21 school" on its own, but such a school is not exempt from Title 2.
7-22 (16) House Rule 13, Section 9(a)(4), is suspended to permit
7-23 the committee to add Subsection (b) to Section 12.011, Education
7-24 Code (Section 11.051, Education Code, in engrossed version; Section
7-25 12.011, Education Code, in house special printing), to read as
7-26 follows:
7-27 (b) The adoption of a home-rule school district charter by a
8-1 school district does not affect:
8-2 (1) the district's boundaries; or
8-3 (2) taxes or bonds of the district authorized before
8-4 the effective date of the charter.
8-5 Explanation: This change is necessary to preclude legal
8-6 questions as to a school district's boundaries or its ability to
8-7 levy a tax or sell bonds that were approved before the district
8-8 adopted a home-rule charter.
8-9 (17) House Rule 13, Section 9(a)(3), is suspended to permit
8-10 the committee to add Subsection (a) to Section 12.013, Education
8-11 Code (Section 11.053, Education Code, in engrossed version; Section
8-12 12.013, Education Code, in house special printing), to read as
8-13 follows:
8-14 (a) A home-rule school district has the powers and
8-15 entitlements granted to school districts and school district boards
8-16 of trustees under this title, including taxing authority.
8-17 Explanation: This change is necessary to clarify that a
8-18 home-rule school district has the same entitlements under Title 2
8-19 as any other school district.
8-20 (18) House Rule 13, Section 9(a)(4), is suspended to permit
8-21 the committee to add text to Section 12.015(b), Education Code
8-22 (Section 11.055, Education Code, in engrossed version; Section
8-23 12.015, Education Code, in house special printing), to read as
8-24 follows:
8-25 The membership of the charter commission must reflect the
8-26 racial, ethnic, socioeconomic, and geographic diversity of the
8-27 district.
9-1 Explanation: This change is necessary to ensure that a
9-2 home-rule charter commission reflect the racial, ethnic,
9-3 socioeconomic, and geographic diversity of the school district.
9-4 (19) House Rule 13, Section 9(a)(2), is suspended to permit
9-5 the committee to omit Subdivision (2) of Section 11.056, Education
9-6 Code (engrossed version), and Subdivision (2) of Section 12.016,
9-7 Education Code (house special printing), which reads as follows:
9-8 (2) specify the district requirements on elementary
9-9 school class-size limits;
9-10 Explanation: This change is necessary to conform to changes
9-11 made to Section 12.013(b), which provide that a home-rule school
9-12 district is subject to elementary school class-size limits only in
9-13 the case of a low-performing campus.
9-14 (20) House Rule 13, Section 9(a)(4), is suspended to permit
9-15 the committee to add Section 12.017(a), Education Code (Section
9-16 12.0161, Education Code, in house special printing), to read as
9-17 follows:
9-18 (a) The charter commission shall submit the proposed charter
9-19 to the secretary of state. The secretary of state shall determine
9-20 whether a proposed charter contains a change in the governance of
9-21 the school district.
9-22 Explanation: This change is necessary to require a charter
9-23 commission to submit a proposed home-rule charter to the secretary
9-24 of state so that the secretary may review the charter and if
9-25 necessary recommend to the governing body that the charter should
9-26 be submitted for preclearance under the Voting Rights Act.
9-27 (21) House Rule 13, Section 9(a)(4), is suspended to permit
10-1 the committee to add Section 12.018, Education Code (Section
10-2 11.057, Education Code, in engrossed version; Section 12.017,
10-3 Education Code, in house special printing), to read as follows:
10-4 Sec. 12.018. LEGAL REVIEW. The charter commission shall
10-5 submit the proposed charter to the commissioner. As soon as
10-6 practicable, but not later than the 30th day after the date the
10-7 commissioner receives the proposed charter, the commissioner shall
10-8 review the proposed charter to ensure that the proposed charter
10-9 complies with any applicable laws and shall recommend to the
10-10 charter commission any modifications necessary. If the
10-11 commissioner does not act within the prescribed time, the proposed
10-12 charter is approved.
10-13 Explanation: This change is necessary to require a charter
10-14 commission to submit a proposed home-rule charter to the
10-15 commissioner and to clarify that the 30-day period provided to the
10-16 commissioner for reviewing a proposed charter begins on the date
10-17 the commissioner receives the charter.
10-18 (22) House Rule 13, Section 9(a)(1), is suspended to permit
10-19 the committee to strike "board of trustees" and substitute
10-20 "governing body" in Sections 12.020(a), (b), (d), and (i),
10-21 Education Code (Section 11.059, Education Code, in engrossed
10-22 version; Section 12.019, Education Code, in house special
10-23 printing).
10-24 Explanation: This change is necessary because a home-rule
10-25 school district may adopt a governing structure that does not
10-26 include a "board of trustees."
10-27 (23) House Rule 13, Section 9(a)(4), is suspended to permit
11-1 the committee to add Subsection (j) to Section 12.020, Education
11-2 Code (Section 11.059, Education Code, in engrossed version; Section
11-3 12.019, Education Code, in house special printing), to read as
11-4 follows:
11-5 (j) Section 12.017 applies to a proposed charter amendment,
11-6 except that the governing body shall submit the proposed charter
11-7 amendment to the secretary of state.
11-8 Explanation: This change is necessary to require the
11-9 governing body of a home-rule school district to submit a proposed
11-10 charter amendment to the secretary of state so that the secretary
11-11 may review the amendment and if necessary recommend to the
11-12 governing body that the amendment should be submitted for
11-13 preclearance under the Voting Rights Act.
11-14 (24) House Rule 13, Section 9(a)(4), is suspended to permit
11-15 the committee to add Subsection (c) to Section 12.021, Education
11-16 Code (Section 11.060, Education Code, in engrossed version; Section
11-17 12.020, Education Code, in house special printing), to read as
11-18 follows:
11-19 (c) As soon as practicable after a school district adopts a
11-20 home-rule school district charter or charter amendment, the board
11-21 of trustees or governing body shall notify the commissioner of the
11-22 outcome of the election.
11-23 Explanation: This change is necessary to require the board
11-24 of trustees or governing body to notify the commissioner of the
11-25 outcome of an election on a home-rule charter or charter amendment,
11-26 without regard to whether the charter or amendment is adopted or
11-27 rejected.
12-1 (25) House Rule 13, Section 9(a)(4), is suspended to permit
12-2 the committee to add Section 12.027(c), Education Code (Section
12-3 11.065(c), Education Code, in engrossed version; Section 12.025,
12-4 Education Code, in house special printing), to read as follows:
12-5 (c) A district whose home-rule school district charter is
12-6 revoked or rescinded under this subchapter shall operate under the
12-7 other provisions of Title 1 and this title that apply to school
12-8 districts.
12-9 Explanation: This change adds a reference to a home-rule
12-10 school district charter that is rescinded to conform to Section
12-11 12.030.
12-12 (26) House Rule 13, Section 9(a)(4), is suspended to permit
12-13 the committee to add Section 12.030, Education Code, to read as
12-14 follows:
12-15 Sec. 12.030. RESCISSION OF CHARTER. (a) A home-rule school
12-16 district charter may be rescinded as provided by this section.
12-17 (b) The governing body of the district shall order an
12-18 election on the question of rescinding a home-rule school district
12-19 charter if:
12-20 (1) the governing body receives a petition requesting
12-21 a rescission election signed by at least five percent of the
12-22 registered voters of the district; or
12-23 (2) at least two-thirds of the total membership of the
12-24 governing body adopt a resolution ordering that a rescission
12-25 election be held.
12-26 (c) As soon as practicable after the date of receipt or
12-27 adoption of a resolution under Subsection (b), the governing body
13-1 shall order an election.
13-2 (d) The proposition to rescind the home-rule school district
13-3 charter shall be submitted to the voters of the district at an
13-4 election to be held on the first uniform election date that occurs
13-5 at least 45 days after the date on which the governing body orders
13-6 the election.
13-7 (e) The ballot shall be printed to permit voting for or
13-8 against the proposition: "Whether the home-rule school district
13-9 charter of (name of school district) shall be rescinded so that the
13-10 school district becomes an independent school district."
13-11 (f) A home-rule school district charter is rescinded if the
13-12 rescission is approved by a majority of the qualified voters of the
13-13 district voting at an election held for that purpose at which at
13-14 least 25 percent of the registered voters of the district vote.
13-15 (g) The rescission takes effect on a date established by
13-16 resolution of the governing body but not later than the 90th day
13-17 after the date of an election held under this section at which
13-18 rescission of the charter is approved and at which the number of
13-19 registered voters required under Subsection (f) vote. As soon as
13-20 practicable after that election, the governing body shall notify
13-21 the commissioner and the secretary of state of the results of the
13-22 election and of the effective date of the rescission.
13-23 (h) The rescission of a home-rule school district charter
13-24 under this section does not affect:
13-25 (1) the district's boundaries; or
13-26 (2) taxes or bonds of the district authorized before
13-27 the effective date of the rescission.
14-1 Explanation: This change is necessary to permit a home-rule
14-2 school district to voluntarily return to the status the district
14-3 had before adopting the home-rule charter.
14-4 (27) House Rule 13, Section 9(a)(4), is suspended to permit
14-5 the committee to add Subsection (c) to Section 12.057, Education
14-6 Code (Section 11.204, Education Code, in engrossed version; Section
14-7 12.057, Education Code, in house special printing), to read as
14-8 follows:
14-9 (c) The campus or program is immune from liability to the
14-10 same extent as a school district, and its employees and volunteers
14-11 are immune from liability to the same extent as school district
14-12 employees and volunteers.
14-13 Explanation: This change is necessary to provide that a
14-14 campus or program for which a charter is granted, and the campus's
14-15 or program's employees and volunteers, have the same immunity from
14-16 liability as a school district and its employees and volunteers.
14-17 (28) House Rule 13, Section 9(a)(4), is suspended to permit
14-18 the committee to add Section 12.101(a), Education Code (Section
14-19 11.151(a), Education Code, in engrossed version; Section 12.101(a),
14-20 Education Code, in house special printing), to read as follows:
14-21 (a) In accordance with this subchapter, the State Board of
14-22 Education may grant a charter on the application of an eligible
14-23 entity for an open-enrollment charter school to operate in a
14-24 facility of a commercial or nonprofit entity or a school district,
14-25 including a home-rule school district. In this subsection,
14-26 "eligible entity" means:
14-27 (1) an institution of higher education as defined
15-1 under Section 61.003;
15-2 (2) a private or independent institution of higher
15-3 education as defined under Section 61.003;
15-4 (3) an organization that is exempt from taxation under
15-5 Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
15-6 501(c)(3)); or
15-7 (4) a governmental entity.
15-8 Explanation: This change is necessary to limit the entities
15-9 that may obtain a charter for an open-enrollment school.
15-10 (29) House Rule 13, Section 9(a)(4), is suspended to permit
15-11 the committee to add Subdivision (4) to Section 12.102, Education
15-12 Code (Section 11.152, Education Code, in engrossed version; Section
15-13 12.012, Education Code, in house special printing), to read as
15-14 follows:
15-15 (4) does not have authority to impose taxes.
15-16 Explanation: This change is necessary to clarify that an
15-17 open-enrollment charter school does not have taxing authority.
15-18 (30) House Rule 13, Section 9(a)(1), is suspended to permit
15-19 the committee to amend Section 12.106(a), Education Code (Section
15-20 11.157(a), Education Code, in engrossed version; Section 12.106(a),
15-21 Education Code, in house special printing), to read as follows:
15-22 (a) An open-enrollment charter school is entitled to the
15-23 distribution from the available school fund for a student attending
15-24 the open-enrollment charter school to which the district in which
15-25 the student resides would be entitled.
15-26 Explanation: This change is necessary to clarify the amount
15-27 of the distribution from the available school fund to which an
16-1 open-enrollment charter school is entitled.
16-2 (31) House Rule 13, Section 9(a)(4), is suspended to permit
16-3 the committee to add text to Section 12.111(6), Education Code
16-4 (Section 11.162(6), Education Code, in engrossed version; Section
16-5 12.110, Education Code, in house special printing), to read as
16-6 follows:
16-7 (6) prohibit discrimination in admission policy on the
16-8 basis of . . . the district the child would otherwise attend in
16-9 accordance with this code . . . .
16-10 Explanation: This change is necessary to prohibit an
16-11 open-enrollment charter school from discriminating in its admission
16-12 policy on the basis of the district in which a child would
16-13 otherwise attend school.
16-14 (32) House Rule 13, Section 9(a)(4), is suspended to permit
16-15 the committee to add Subdivision (14) to Section 12.111, Education
16-16 Code (Section 11.162, Education Code, in engrossed version; Section
16-17 12.110, Education Code, in house special printing), to read as
16-18 follows:
16-19 (14) specify any type of enrollment criteria to be
16-20 used.
16-21 Explanation: This change is necessary to require that the
16-22 charter of an open-enrollment charter school specify the school's
16-23 enrollment criteria.
16-24 (33) House Rule 13, Section 9(a)(2), is suspended to permit
16-25 the committee to omit text in Section 13.054(f), Education Code
16-26 (Section 13.058(f), Education Code, in engrossed version). The
16-27 omitted text reads as follows:
17-1 A district that receives an adjustment to its local fund assignment
17-2 under this section is not eligible for incentive aid under
17-3 Subchapter G.
17-4 Explanation: This change is necessary because Section
17-5 13.054, Education Code, pertains to annexation, rather than
17-6 consolidation, of certain school districts, and incentive aid
17-7 payments under Subchapter G, Chapter 13, are available only to
17-8 certain school districts created through consolidation.
17-9 (34) House Rule 13, Section 9(a)(1), is suspended to permit
17-10 the committee to amend the heading of Section 13.205, Education
17-11 Code (Section 13.125, Education Code, in engrossed version), to
17-12 read as follows:
17-13 Sec. 13.205. DISPOSITION OF TERRITORY; AFFAIRS OF ABOLISHED
17-14 DISTRICT.
17-15 Explanation: This change is necessary to clarify the
17-16 contents of the section.
17-17 (35) House Rule 13, Section 9(a)(1), is suspended to permit
17-18 the committee to substitute "state minimum personal leave program"
17-19 for "state minimum sick leave program" in Section 19.009(f),
17-20 Education Code.
17-21 Explanation: This change is necessary to conform to changes
17-22 made by the committee to Section 22.003.
17-23 (36) House Rule 13, Section 9(a)(1), is suspended to permit
17-24 the committee to change the text of Section 21.003, Education Code,
17-25 to read as follows:
17-26 Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not
17-27 be employed as a teacher, teacher intern or teacher trainee,
18-1 librarian, educational aide, administrator, or counselor by a
18-2 school district unless the person holds an appropriate certificate
18-3 or permit issued as provided by Subchapter B.
18-4 (b) A person may not be employed by a school district as an
18-5 audiologist, occupational therapist, physical therapist, physician,
18-6 nurse, school psychologist, associate school psychologist, social
18-7 worker, or speech language pathologist unless the person is
18-8 licensed by the state agency that licenses that profession. A
18-9 person may perform specific services within those professions for a
18-10 school district only if the person holds the appropriate credential
18-11 from the appropriate state agency.
18-12 Explanation: This change is necessary to clarify the text of
18-13 this section and to conform to other changes made by the bill.
18-14 (37) House Rule 13, Section 9(a)(1), is suspended to permit
18-15 the committee to change text in Section 21.102(c), Education Code
18-16 (Section 21.152, Education Code, in the engrossed version), to read
18-17 as follows:
18-18 (c) An employment contract may not extend the probationary
18-19 contract period beyond the end of the third consecutive school year
18-20 of the teacher's employment by the school district unless, during
18-21 the third year of a teacher's probationary contract, the board of
18-22 trustees determines that it is doubtful whether the teacher should
18-23 be given a continuing contract or a term contract. If the board
18-24 makes that determination, the district may make a probationary
18-25 contract with the teacher for a term ending with the fourth
18-26 consecutive school year of the teacher's employment with the
18-27 district, at which time the district shall:
19-1 (1) terminate the employment of the teacher; or
19-2 (2) employ the teacher under a continuing contract or
19-3 a term contract as provided by Subchapter D or E, according to
19-4 district policy.
19-5 Explanation: This change is necessary to allow a school
19-6 district to employ a teacher under a probationary contract for a
19-7 fourth year if necessary.
19-8 (38) House Rule 13, Section 9(a)(2), is suspended to permit
19-9 the committee to omit text relating to hearings under probationary
19-10 contracts (Section 21.153(b), Education Code, in engrossed version;
19-11 Section 21.107, Education Code, in house special printing), which
19-12 reads as follows:
19-13 (b) <Sec. 13.104. HEARING.> A <In event a> teacher holding
19-14 a probationary contract who is notified of the district's intention
19-15 <of the board of trustees> to terminate the teacher's <his>
19-16 employment at the end of the teacher's <his> current contract
19-17 period is entitled, on<, he shall have a right upon> written
19-18 request, to an informal <a> hearing before the board of trustees or
19-19 a subcommittee of the board, according to board policy. At the<,
19-20 and at such> hearing, the teacher shall be given the reasons for
19-21 termination of the teacher's <his> employment. After the <such>
19-22 hearing, the board of trustees or board subcommittee may confirm or
19-23 revoke the <its previous action of> termination. The<; but in any
19-24 event, the> decision of the board of trustees or board subcommittee
19-25 is <shall be> final and non-appealable.
19-26 Explanation: This change is necessary to omit requirements
19-27 relating to hearings for a teacher dismissed at the end of a
20-1 probationary period.
20-2 (39) House Rule 13, Section 9(a)(4), is suspended to permit
20-3 the committee to add Section 21.106, Education Code, to read as
20-4 follows:
20-5 Sec. 21.106. RETURN TO PROBATIONARY STATUS. (a) In lieu of
20-6 discharging a teacher employed under a continuing contract,
20-7 terminating a teacher employed under a term contract, or not
20-8 renewing a teacher's term contract, a school district may, with the
20-9 written consent of the teacher, return the teacher to probationary
20-10 contract status.
20-11 (b) A teacher may agree to be returned to probationary
20-12 contract status only after receiving written notice of the proposed
20-13 discharge, termination, or nonrenewal.
20-14 (c) A teacher returned to probationary contract status must
20-15 serve a new probationary contract period as provided by Section
20-16 21.102 as if the teacher were employed by the district for the
20-17 first time.
20-18 Explanation: This change is necessary to allow a school
20-19 district to return a teacher to probationary contract status in
20-20 lieu of discharging or terminating the teacher or not renewing the
20-21 teacher's contract.
20-22 (40) House Rule 13, Section 9(a)(1), is suspended to permit
20-23 the committee to change text in Section 21.153(a), Education Code
20-24 (Section 21.203, Education Code, in engrossed version; Section
20-25 21.108, Education Code, in house special printing), to read as
20-26 follows:
20-27 A school district that employs a teacher under a probationary
21-1 contract for the third or, if permitted, fourth consecutive year of
21-2 service and that elects to employ the teacher in future years under
21-3 a continuing contract shall notify the teacher in writing of the
21-4 teacher's election to continuing contract status.
21-5 Explanation: This change is necessary to allow a school
21-6 district to employ a teacher under a probationary contract for a
21-7 fourth year if necessary.
21-8 (41) House Rule 13, Section 9(a)(3), is suspended to permit
21-9 the committee to add Subdivision (5) to Section 21.154, Education
21-10 Code (Section 21.204, Education Code, in engrossed version; Section
21-11 21.102, Education Code, in house special printing), to read as
21-12 follows:
21-13 (5) is discharged for a reason stated in the teacher's
21-14 contract that existed on or before September 1, 1995, and in
21-15 accordance with the procedures prescribed by this chapter; or
21-16 Explanation: This change is necessary to permit discharge of
21-17 a teacher for a reason stated in a contract that existed before the
21-18 effective date of the bill.
21-19 (42) House Rule 13, Section 9(a)(1), is suspended to permit
21-20 the committee to change the text of Section 21.158(a), Education
21-21 Code (21.208(a), Education Code, in engrossed version; Section
21-22 21.109(a), in house special printing), to read as follows:
21-23 (a) Before a teacher employed under a continuing contract
21-24 may be discharged, suspended without pay, or released because of a
21-25 necessary reduction of personnel, the board of trustees must notify
21-26 the teacher in writing of the proposed action and the grounds for
21-27 the action.
22-1 Explanation: This change is necessary to conform to other
22-2 changes made by the committee.
22-3 (43) House Rule 13, Section 9(a)(2), is suspended to permit
22-4 the committee to omit provisions relating to suspension without pay
22-5 pending discharge (Section 21.209, Education Code, in engrossed
22-6 version; Section 21.111, Education Code, in house special
22-7 printing), which read as follows:
22-8 Sec. 21.209 <13.113>. SUSPENSION WITHOUT PAY PENDING
22-9 DISCHARGE. If the district proposes to <proposed action be>
22-10 discharge <of> the teacher for a reason listed <any of the reasons
22-11 set forth> in Section 21.206 <13.109 of this code>, the
22-12 superintendent may, without a hearing, suspend the teacher <may be
22-13 suspended> without pay. If a teacher is suspended under this
22-14 section, the hearing on the proposed discharge may <by order of the
22-15 board of trustees, or by the superintendent of schools if such
22-16 power has been delegated to him by express regulation previously
22-17 adopted by the board of trustees, but in such event the hearing
22-18 shall> not be delayed for more than 15 days after the date the
22-19 teacher requests a <request for> hearing, unless by written consent
22-20 of the teacher. If the teacher is reinstated, the teacher shall
22-21 immediately be paid any compensation withheld during any period of
22-22 suspension without pay.
22-23 Explanation: This change is necessary to delete the
22-24 provision authorizing suspension of teachers without pay.
22-25 (44) House Rule 13, Section 9(a)(3), is suspended to permit
22-26 the committee to add "in consultation with the State Office of
22-27 Administrative Hearings" to Section 21.252(a), Education Code
23-1 (Section 21.302(a), Education Code, in engrossed version; Section
23-2 21.163(a), Education Code, in house special printing).
23-3 Explanation: This change is necessary to require the State
23-4 Board of Education to consult with the State Office of
23-5 Administrative Hearings before adopting rules for certifying
23-6 hearing examiners.
23-7 (45) House Rule 13, Section 9(a)(1), is suspended to permit
23-8 the committee to change the text of Section 21.252(b), Education
23-9 Code (Section 21.302(c), Education Code, in engrossed version;
23-10 Section 21.163(b), Education Code, in house special printing), to
23-11 read as follows:
23-12 (b) The commissioner shall certify hearing examiners
23-13 according to the criteria established under Subsection (a). A
23-14 person certified as a hearing examiner or the law firm with which
23-15 the person is associated may not serve as an agent or
23-16 representative of:
23-17 (1) a school district;
23-18 (2) a teacher in any dispute with a school district;
23-19 or
23-20 (3) an organization of school employees, school
23-21 administrators, or school boards.
23-22 Explanation: This change is necessary to prohibit employment
23-23 of a hearing examiner who is currently serving or associated with
23-24 agents or representatives of certain persons or entities, without
23-25 regard to whether the hearing examiner has served in that capacity
23-26 in the past.
23-27 (46) House Rule 13, Section 9(a)(4), is suspended to permit
24-1 the committee to add text to Section 21.301(d), Education Code
24-2 (Section 21.315, Education Code, in engrossed version; Section
24-3 21.165, Education Code, in house special printing), to read as
24-4 follows:
24-5 In conducting a hearing under this subchapter, the
24-6 commissioner has the same authority relating to discovery and
24-7 conduct of a hearing as an independent hearing examiner has under
24-8 Subchapter F.
24-9 Explanation: This change is necessary to allow the
24-10 commissioner to issue subpoenas and maintain decorum at a hearing
24-11 in an appeal concerning a teacher contract dispute.
24-12 (47) House Rule 13, Section 9(a)(4), is suspended to permit
24-13 the committee to add Paragraph (B) to Section 21.352(a)(2),
24-14 Education Code (Section 21.272, Education Code, in both engrossed
24-15 version and house special printing), to read as follows:
24-16 (B) containing the items described by Sections
24-17 21.351(a)(1) and (2); and
24-18 Explanation: This change is necessary to require that a
24-19 teacher appraisal process developed by a board of trustees include
24-20 as part of the appraisal the teacher's implementation of discipline
24-21 management programs and the performance of the teacher's students.
24-22 (48) House Rule 13, Section 9(a)(3), is suspended to permit
24-23 the committee to add text to Section 21.352, Education Code
24-24 (Section 21.272, Education Code, in both engrossed version and
24-25 house special printing), to read as follows:
24-26 (b) The board of trustees may reject an appraisal process
24-27 and performance criteria developed by the district- and
25-1 campus-level committees but may not modify the process or criteria.
25-2 Explanation: This change is necessary to make clear that the
25-3 board of trustees may reject an appraisal process and performance
25-4 criteria but may not modify them.
25-5 (49) House Rule 13, Section 9(a)(2), is suspended to permit
25-6 the committee to omit the following text from Section 21.401,
25-7 Education Code (Section 21.401, Education Code, in engrossed
25-8 version; Section 21.301, Education Code, in house special
25-9 printing):
25-10 An educator employed under an 11-month contract must provide
25-11 a minimum of 210 days of service. An educator employed under a
25-12 12-month contract must provide a minimum of 230 days of service.
25-13 Explanation: This change is necessary to eliminate
25-14 requirements relating to educators employed under 11-month and
25-15 12-month contracts.
25-16 (50) House Rule 13, Section 9(a)(1), is suspended to permit
25-17 the committee to strike "at least 225 minutes in the school week"
25-18 and substitute "at least 450 minutes within each two-week period"
25-19 in Section 21.404(a), Education Code (Section 21.405(a), Education
25-20 Code, in engrossed version; Section 21.304(a), Education Code, in
25-21 house special printing).
25-22 Explanation: This change is necessary to give districts
25-23 greater flexibility in scheduling teachers' planning and
25-24 preparation periods.
25-25 (51) House Rule 13, Section 9(a)(2), is suspended to permit
25-26 the committee to omit text relating to teacher preparation, staff
25-27 development, and continuing education (Section 21.451, Education
26-1 Code, in engrossed version; Section 21.351, Education Code, in
26-2 house special printing), which reads as follows:
26-3 Sec. 21.451 <16.052>. <OPERATION OF SCHOOLS;> TEACHER
26-4 PREPARATION, <AND> STAFF DEVELOPMENT, AND CONTINUING EDUCATION.
26-5 (a) Except as provided by Subsection (b) or Section 25.084, for
26-6 each school year, each <Each> school district must provide for not
26-7 less than:
26-8 (1) three <180 days of instruction for students and
26-9 not less than three> days of preparation for classroom teachers;
26-10 (2) four days of staff development; and
26-11 (3) three days of continuing education for educators
26-12 to fulfill requirements adopted by State Board for Educator
26-13 Certification rule <for each school year, except as provided in
26-14 Subsection (c) of this section>.
26-15 Explanation: This change is necessary to omit specific
26-16 mandates relating to teacher preparation, staff development, and
26-17 continuing education.
26-18 (52) House Rule 13, Section 9(a)(1), is suspended to permit
26-19 the committee to change the text of Section 21.452, Education Code
26-20 (Section 21.452, Education Code, in engrossed version; Section
26-21 21.352, Education Code, in house special printing), to read as
26-22 follows:
26-23 Sec. 21.452. STAFF DEVELOPMENT REQUIREMENTS. (a) The staff
26-24 development provided by a school district must be conducted in
26-25 accordance with minimum standards developed by the commissioner for
26-26 program planning, preparation, and improvement. The staff
26-27 development:
27-1 (1) must include technology training and training in
27-2 conflict resolution and discipline strategies; and
27-3 (2) may include instruction as to what is permissible
27-4 under law, including opinions of the United States Supreme Court,
27-5 in regard to prayers in public school.
27-6 (b) The staff development must be predominantly
27-7 campus-based, related to achieving campus performance objectives
27-8 established under Section 11.253, and developed and approved by the
27-9 campus-level committee established under Section 11.251. Campus
27-10 staff development may include activities that enable the campus
27-11 staff to plan together to enhance existing skills, to share
27-12 effective strategies, to reflect on curricular and instructional
27-13 issues, to analyze student achievement results, to reflect on means
27-14 of increasing student achievement, to study research, to practice
27-15 new methods, to identify students' strengths and needs, to develop
27-16 meaningful programs for students, to appropriately implement
27-17 site-based decision-making, and to conduct action research. The
27-18 campus staff development activities may be conducted using study
27-19 teams, individual research, peer coaching, workshops, seminars,
27-20 conferences, or other reasonable methods that have the potential to
27-21 improve student achievement.
27-22 (c) A school district may use district-wide staff
27-23 development developed and approved through the district-level
27-24 decision process under Section 11.251.
27-25 Explanation: These changes are necessary to conform to the
27-26 change made by the committee that deletes the requirement for a
27-27 minimum number of staff development days.
28-1 (53) House Rule 13, Section 9(a)(2), is suspended to permit
28-2 the committee to omit Section 21.901, Education Code (Section
28-3 11.114, Education Code, in house special printing), which reads as
28-4 follows:
28-5 Sec. 21.901 <13.901>. EMPLOYMENT CONSULTATION WITH TEACHERS.
28-6 The board of trustees of each independent school district<, rural
28-7 high school district, and common school district,> and district
28-8 <their> administrative personnel<,> may consult with teachers with
28-9 respect to matters of educational policy and conditions of
28-10 employment. A board<; and such boards> of trustees may adopt <and
28-11 make> reasonable rules<, regulations> and make agreements to
28-12 provide for such consultation. This section does <shall> not limit
28-13 or affect the power of the <said> trustees to <manage and> govern
28-14 and oversee the management of the <said> schools.
28-15 Explanation: This change is necessary to delete unnecessary
28-16 language.
28-17 (54) House Rule 13, Sections 9(a)(1) and (2), are suspended
28-18 to permit the committee to change text in Subdivision (1) of
28-19 Section 25.084(a), Education Code, to read as follows:
28-20 (1) the number of contract days of employees and the
28-21 number of days of operation, including any time required for staff
28-22 development, planning and preparation, and continuing education,
28-23 otherwise required by law; . . . .
28-24 Explanation: This change is necessary to clarify that to
28-25 provide year-round instruction, a school district may modify
28-26 components comprising the number of employee contract days or days
28-27 of school operation.
29-1 (55) House Rule 13, Section 9(a)(3), is suspended to permit
29-2 the committee to add text to Section 25.111, Education Code, to
29-3 read as follows:
29-4 Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by
29-5 Section 25.112, each school district must employ a sufficient
29-6 number of teachers certified under Subchapter B, Chapter 21, to
29-7 maintain an average ratio of not less than one teacher for each 20
29-8 students in average daily attendance.
29-9 Explanation: This change is necessary to clarify that in
29-10 counting a teacher for purposes of computing student/teacher
29-11 ratios, a teacher must have the appropriate certification to teach
29-12 a particular class as determined in accordance with Subchapter B,
29-13 Chapter 21.
29-14 (56) House Rule 13, Section 9(a)(4), is suspended to permit
29-15 the committee to add Section 26.012, Education Code, to read as
29-16 follows:
29-17 Sec. 26.012. FEE FOR COPIES. The agency or a school
29-18 district may charge a reasonable fee in accordance with Subchapter
29-19 F, Chapter 552, Government Code, for copies of materials provided
29-20 to a parent under this chapter.
29-21 Explanation: The added language is necessary to allow the
29-22 Texas Education Agency or a school district to charge a parent a
29-23 reasonable fee for copies of materials to which a parent has access
29-24 under Chapter 26.
29-25 (57) House Rule 13, Section 9(a)(1), is suspended to permit
29-26 the committee to delete "special education cooperatives" and
29-27 substitute "shared services arrangements" in Section 29.001,
30-1 Education Code.
30-2 Explanation: The language is changed to conform with current
30-3 terminology and practice in providing special education services to
30-4 children.
30-5 (58) House Rule 13, Section 9(a)(1), is suspended to permit
30-6 the committee to delete "vocational" and substitute "career and
30-7 technology" in Section 29.001(8), Education Code.
30-8 Explanation: The language is changed to conform with
30-9 terminology used in federal law.
30-10 (59) House Rule 13, Sections 9(a)(1) and (3) are suspended
30-11 to permit the committee to add Section 29.007, Education Code, to
30-12 read as follows:
30-13 Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School districts
30-14 may enter into a written contract to jointly operate their special
30-15 education programs. The contract must be approved by the
30-16 commissioner. Funds to which the cooperating districts are
30-17 entitled may be allocated to the districts jointly as shared
30-18 services arrangement units or shared services arrangement funds in
30-19 accordance with the shared services arrangement districts'
30-20 agreement.
30-21 Explanation: The change in reference from "cooperatives" to
30-22 "shared services arrangements" conforms with current terminology
30-23 and practice in providing special education services to children.
30-24 The language requiring a written contract to be executed and
30-25 presented to the commissioner of education for approval is
30-26 necessary to ensure proper provision of services and use of money
30-27 in shared services arrangements.
31-1 (60) House Rule 13, Section 9(a)(1), is suspended to permit
31-2 the committee to delete "special education cooperative" and
31-3 substitute "shared services arrangement unit" in Section 29.008(a),
31-4 Education Code.
31-5 Explanation: The language is changed to conform with current
31-6 terminology and practice in providing special education services to
31-7 children.
31-8 (61) House Rule 13, Section 9(a)(2), is suspended to permit
31-9 the committee to omit Section 29.014, Education Code, which reads
31-10 as follows:
31-11 Sec. 29.014. PILOT PROGRAM FOR INCLUSION. The agency shall
31-12 establish procedures and criteria for the allocation of funds
31-13 appropriated under Section 42.151(l) (in house special printing;
31-14 Section 42.151(m) in engrossed version) to school districts
31-15 selected by the agency to establish a pilot program for the
31-16 inclusion of students with disabilities in the regular classroom so
31-17 that those students may receive an appropriate free public
31-18 education in the least restrictive environment. This section
31-19 expires August 31, 1997.
31-20 Explanation: This deletion is necessary because there is no
31-21 appropriation of funds for the program in the house or senate
31-22 version of Section 42.151.
31-23 (62) House Rule 13, Section 9(a)(1), is suspended to permit
31-24 the committee to amend Section 29.054(b), Education Code (Section
31-25 29.053(f), Education Code, in engrossed version; Section 29.054(b),
31-26 Education Code, in house special printing), to read as follows:
31-27 (b) An application for an exception may be filed with the
32-1 agency when a district is unable to hire a sufficient number of
32-2 teachers with teaching certificates appropriate for bilingual
32-3 education instruction to staff the required program. The
32-4 application must be accompanied by:
32-5 (1) documentation showing that the district has taken
32-6 all reasonable affirmative steps to secure teachers with teaching
32-7 certificates appropriate for bilingual education instruction and
32-8 has failed;
32-9 (2) documentation showing that the district has
32-10 affirmative hiring policies and procedures consistent with the need
32-11 to serve limited English proficiency students;
32-12 (3) documentation showing that, on the basis of
32-13 district records, no teacher having a teaching certificate
32-14 appropriate for bilingual instruction or emergency credentials has
32-15 been unjustifiably denied employment by the district within the
32-16 past 12 months; and
32-17 (4) a plan detailing specific measures to be used by
32-18 the district to eliminate the conditions that created the need for
32-19 an exception.
32-20 Explanation: This change is necessary to correct obsolete
32-21 terminology. Educators do not receive bilingual education
32-22 "endorsements."
32-23 (63) House Rule 13, Section 9(a)(1), is suspended to permit
32-24 the committee to amend Section 29.061(a), Education Code (Section
32-25 29.059(a), Education Code, in engrossed version; Section 29.061(a),
32-26 Education Code, in house special printing), to read as follows:
32-27 (a) The State Board for Educator Certification shall provide
33-1 for the issuance of teaching certificates appropriate for bilingual
33-2 education instruction to teachers who possess a speaking, reading,
33-3 and writing ability in a language other than English in which
33-4 bilingual education programs are offered and who meet the general
33-5 requirements of Chapter 21. The board shall also provide for the
33-6 issuance of teaching certificates appropriate for teaching English
33-7 as a second language. The board may issue emergency endorsements
33-8 in bilingual education and in teaching English as a second
33-9 language.
33-10 Explanation: The change is necessary to correct obsolete
33-11 terminology. Educators do not currently receive "endorsements" to
33-12 provide bilingual education or English as a second language
33-13 instruction.
33-14 (64) House Rule 13, Section 9(a)(1), is suspended to permit
33-15 the committee to delete "remedial" and substitute "accelerated" in
33-16 the heading to Section 29.081, Education Code, and in Sections
33-17 29.081(a), (b), and (c), Education Code.
33-18 Explanation: The terminology is changed to avoid the
33-19 negative connotations of the term "remedial."
33-20 (65) House Rule 13, Section 9(a)(1), is suspended to permit
33-21 the committee to delete each reference to "vocational" in
33-22 Subchapter F, Chapter 29, Education Code (Sections 29.181-29.185),
33-23 and substitute "career and technology."
33-24 Explanation: The language is changed to conform with
33-25 terminology used in federal law.
33-26 (66) House Rule 13, Section 9(a)(1), is suspended to permit
33-27 the committee to amend Section 29.251(1), Education Code, to read
34-1 as follows:
34-2 (1) "Adult education" means services and instruction
34-3 provided below the college level for adults by public local
34-4 education agencies, public nonprofit agencies, or community-based
34-5 organizations.
34-6 Explanation: The language is changed to conform to S.B. No.
34-7 170 by Ellis, reported engrossed by the Senate on April 25, 1995.
34-8 (67) House Rule 13, Section 9(a)(2), is suspended to permit
34-9 the committee to omit Section 29.251(5), Education Code, which
34-10 reads as follows:
34-11 (5) "Educationally disadvantaged adult" has the
34-12 meaning assigned by 20 U.S.C. Section 1201a.
34-13 Explanation: The definition is unnecessary as a result of
34-14 the deletion of the term in Section 29.251(1).
34-15 (68) House Rule 13, Section 9(a)(1), is suspended to permit
34-16 the committee to amend Section 29.253, Education Code, to read as
34-17 follows:
34-18 Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
34-19 education programs shall be provided by public school districts,
34-20 public junior colleges, public universities, public nonprofit
34-21 agencies, and community-based organizations approved in accordance
34-22 with state statutes and rules adopted by the State Board of
34-23 Education. The programs must be designed to meet the education and
34-24 training needs of adults to the extent possible within available
34-25 public and private resources. Bilingual education may be the
34-26 method of instruction for students who do not function
34-27 satisfactorily in English whenever it is appropriate for their
35-1 optimum development.
35-2 Explanation: The language is changed to conform to S.B. No.
35-3 170 by Ellis, reported engrossed by the Senate on April 25, 1995.
35-4 (69) House Rule 13, Section 9(a)(1), is suspended to permit
35-5 the committee to amend Section 29.254, Education Code, to read as
35-6 follows:
35-7 Sec. 29.254. ADULT EDUCATION ADVISORY COMMITTEE. The State
35-8 Board of Education may establish an adult education advisory
35-9 committee composed of not more than 21 members representing public
35-10 and private education, business, labor, minority groups, and the
35-11 public to advise the board on needs, priorities, and standards of
35-12 adult education programs conducted in accordance with this
35-13 subchapter.
35-14 Explanation: The language is changed to allow participation
35-15 of diverse groups in providing advice to the State Board of
35-16 Education regarding adult education.
35-17 (70) House Rule 13, Section 9(a)(1), is suspended to permit
35-18 the committee to amend Section 29.255(a), Education Code, to read
35-19 as follows:
35-20 (a) Funds shall be appropriated to implement statewide adult
35-21 basic education, adult bilingual education, high school
35-22 equivalency, and high school credit programs to eliminate
35-23 illiteracy in this state and to implement and support a statewide
35-24 program to meet the total range of adult needs for adult education,
35-25 related skill training, and pilot programs to demonstrate the
35-26 effectiveness of the community education concept. The agency shall
35-27 ensure that public local education agencies, public nonprofit
36-1 agencies, and community-based organizations have direct and
36-2 equitable access to those funds. An additional sum of money may be
36-3 appropriated to the Texas Department of Commerce for the purpose of
36-4 skill training in direct support of industrial expansion and
36-5 start-up, and those locations, industries, and occupations
36-6 designated by the Texas Department of Commerce, when such training
36-7 is also in support of the basic purposes of this subchapter. To
36-8 fulfill the basic purposes of this subchapter, an additional sum of
36-9 money may be appropriated for skill training that is conducted to
36-10 support the expansion of civilian employment opportunities on
36-11 United States military reservations.
36-12 Explanation: The language is changed to conform to S.B. No.
36-13 170 by Ellis, reported engrossed by the Senate on April 25, 1995.
36-14 (71) House Rule 13, Section 9(a)(2), is suspended to permit
36-15 the committee to omit "of education" in Section 30.052(g),
36-16 Education Code.
36-17 Explanation: This change is needed because "commissioner" is
36-18 defined to mean the commissioner of education.
36-19 (72) House Rule 13, Sections 9(a)(2) and (3), are suspended
36-20 to permit the committee to amend Section 30.087(b) to read as
36-21 follows:
36-22 (b) From the amount appropriated for regional day school
36-23 programs, the commissioner shall allocate funds to each program
36-24 based on the number of weighted full-time equivalent students
36-25 served. The commissioner may consider local resources available in
36-26 allocating funds under this subsection.
36-27 Explanation: This change is needed to authorize the
37-1 commissioner to allocate funds according to the number of weighted
37-2 full-time equivalent students served and to consider available
37-3 local resources.
37-4 (73) House Rule 13, Section 9(a)(4), is suspended to allow
37-5 the committee to add Sections 30.102(a-1) and (b-1), Education
37-6 Code, to read as follows:
37-7 (a-1) For the 1995-1996 school year, a classroom teacher or
37-8 full-time librarian employed by the commission is entitled to
37-9 receive as a minimum salary the monthly salary rate specified by
37-10 Section 21.4011. A classroom teacher or full-time librarian may be
37-11 paid, from funds appropriated to the commission, a salary in excess
37-12 of the minimum specified by that section, but the salary may not
37-13 exceed the rate of pay for a similar position in the public schools
37-14 of an adjacent school district. This subsection expires September
37-15 1, 1996.
37-16 (b-1) Subsection (b) applies beginning with the 1996-1997
37-17 school year. This subsection expires January 1, 1997.
37-18 Explanation: These changes are needed to conform to the
37-19 minimum salary schedules established under Chapter 21.
37-20 (74) House Rule 13, Section 9(a)(4), is suspended to permit
37-21 the committee to add Section 31.021(c), Education Code, to read as
37-22 follows:
37-23 (c) After setting aside the amounts specified by Subsection
37-24 (b), the State Board of Education shall determine the amount
37-25 remaining in the available school fund that is available for
37-26 distribution under Chapter 43 for the following school year. The
37-27 board shall use any amount by which the amount available for
38-1 distribution under Chapter 43 for the following school year exceeds
38-2 the amount available for distribution under Chapter 43 for the
38-3 1995-1996 school year to increase the allotment under Subsection
38-4 (b)(2).
38-5 Explanation: This change is necessary to provide an
38-6 increased allotment for:
38-7 (1) purchasing electronic textbooks or technological
38-8 equipment; or
38-9 (2) training educational personnel in using electronic
38-10 textbooks and providing access to technological equipment for
38-11 instructional use.
38-12 (75) House Rule 13, Section 9(a)(4), is suspended to permit
38-13 the committee to add Section 31.025, Education Code, to read as
38-14 follows:
38-15 Sec. 31.025. LIMITATION ON COST. (a) The State Board of
38-16 Education shall set a limit on the cost that may be paid from the
38-17 state textbook fund for a textbook placed on the conforming or
38-18 nonconforming list for a particular subject and grade level. The
38-19 board may not reject a textbook for placement on the conforming or
38-20 nonconforming list because the textbook's price exceeds the limit
38-21 established under this subsection.
38-22 (b) Subject to Section 31.151, if a school district or
38-23 open-enrollment charter school selects a textbook from a conforming
38-24 or nonconforming list that exceeds the limit established under
38-25 Subsection (a):
38-26 (1) the state shall pay the publisher an amount equal
38-27 to the limit established under Subsection (a) multiplied by the
39-1 number of textbooks the district or school requisitions; and
39-2 (2) the district or school is responsible for the
39-3 remainder of the cost.
39-4 Explanation: This change is necessary to limit the cost of
39-5 textbooks and allow school districts to exceed that limit if they
39-6 pay for the remainder of the cost.
39-7 (76) House Rule 13, Section 9(a)(4), is suspended to permit
39-8 the committee to add Section 31.029, Education Code, to read as
39-9 follows:
39-10 Sec. 31.029. BILINGUAL TEXTBOOKS. The board shall purchase
39-11 or otherwise acquire textbooks for use in bilingual education
39-12 classes.
39-13 Explanation: This change is necessary to require the State
39-14 Board of Education to acquire textbooks for use in bilingual
39-15 education classes.
39-16 (77) House Rule 13, Section 9(a)(2), is suspended to permit
39-17 the committee to omit Section 33.081(e), Education Code (Section
39-18 33.081(d), Education Code, in engrossed version; Section 33.081(e),
39-19 Education Code, in house special printing), which reads as follows:
39-20 (d) A student may not be suspended under this section during
39-21 the period in which school is recessed for the summer or during the
39-22 initial grade reporting period of a regular school term on the
39-23 basis of grades received in the final grade reporting period of the
39-24 preceding regular school term.
39-25 Explanation: The language is unnecessary as a result of the
39-26 revised wording of Section 33.081(c), which states that "A
39-27 suspension does not last beyond the end of a school year."
40-1 (78) House Rule 13, Section 9(a)(1), is suspended to permit
40-2 the committee to amend Section 34.004, Education Code (Section
40-3 34.006, Education Code, in engrossed version; Section 34.004,
40-4 Education Code, in house special printing), to read as follows:
40-5 Sec. 34.004. STANDING CHILDREN. A school district may not
40-6 require or allow a child to stand on a school bus that is in
40-7 motion.
40-8 Explanation: This change is necessary to omit the provision
40-9 that ties the prohibition on children standing on a school bus to
40-10 the receipt of transportation funding under the Foundation School
40-11 Program.
40-12 (79) House Rule 13, Sections 9(a)(1) and (3), are suspended
40-13 to permit the committee to amend and add text to Section 34.008,
40-14 Education Code (Section 34.014, Education Code, in engrossed
40-15 version; Section 34.008, Education Code, in house special
40-16 printing), to read as follows:
40-17 Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY OR COMMERCIAL
40-18 TRANSPORTATION COMPANY. (a) A board of county school trustees or
40-19 school district board of trustees may contract with a transit
40-20 authority or a commercial transportation company for all or any
40-21 part of a district's public school transportation if the authority
40-22 or company:
40-23 (1) requires its school bus drivers to have the
40-24 qualifications required by and to be certified in accordance with
40-25 standards established by the Department of Public Safety; and
40-26 (2) uses only those school motor vehicles in
40-27 transporting public school students that satisfy safety
41-1 requirements imposed by law on school motor vehicles operated by
41-2 public school transportation systems.
41-3 (b) This section does not prohibit the county or school
41-4 district board from supplementing the state transportation cost
41-5 allotment with local funds necessary to provide complete
41-6 transportation services.
41-7 (c) A transit authority or a commercial transportation
41-8 company contracting under this section for daily transportation of
41-9 pre-primary, primary, or secondary students to or from school shall
41-10 conduct, in a manner and on a schedule approved by the county or
41-11 district school board, the following education programs:
41-12 (1) a program to inform the public that public school
41-13 students will be riding on the authority's or company's buses;
41-14 (2) a program to educate the drivers of the buses to
41-15 be used under the contract of the special needs and problems of
41-16 public school students riding on the buses; and
41-17 (3) a program to educate public school students on bus
41-18 riding safety and any special considerations arising from the use
41-19 of the authority's or company's buses.
41-20 (d) In this section, "transit authority" includes a
41-21 transportation authority or a transit department.
41-22 Explanation: This change is necessary to clarify that buses
41-23 operated by various governmental transportation systems may be used
41-24 to transport students and to provide a definition of "transit
41-25 authority".
41-26 (80) House Rule 13, Section 9(a)(1), is suspended to permit
41-27 the committee to change the heading to Section 34.010, Education
42-1 Code (Section 34.011, in engrossed version; Section 34.010, in
42-2 house special printing), by striking "ACTIVITIES, ETC." and
42-3 substituting "AND OTHER SCHOOL-RELATED ACTIVITIES."
42-4 Explanation: This change is necessary to make the section
42-5 heading more descriptive.
42-6 (81) House Rule 13, Section 9(a)(4), is suspended to permit
42-7 the committee to add Section 37.001(a), Education Code, to read as
42-8 follows:
42-9 (a) Each school district shall, with the advice of its
42-10 district-level committee established under Section 11.251, and
42-11 jointly, as appropriate, with the juvenile board of each county in
42-12 which the district is located, adopt a student code of conduct for
42-13 the district. In addition to establishing standards for student
42-14 conduct, the student code of conduct must:
42-15 (1) specify the circumstances, in accordance with this
42-16 subchapter, under which a student may be removed from a classroom,
42-17 campus, or alternative education program;
42-18 (2) outline the responsibilities of each juvenile
42-19 board concerning the establishment and operation of a juvenile
42-20 justice alternative education program under Section 37.011;
42-21 (3) define the conditions on payments from the
42-22 district to each juvenile board;
42-23 (4) specify conditions that authorize or require a
42-24 principal or other appropriate administrator to transfer a student
42-25 to an alternative education program; and
42-26 (5) outline conditions under which a student may be
42-27 suspended as provided by Section 37.005 or expelled as provided by
43-1 Section 37.007.
43-2 Explanation: This change is necessary to specify contents of
43-3 a student code of conduct, including standards for student conduct
43-4 and procedures for placement of disruptive students in alternative
43-5 settings.
43-6 (82) House Rule 13, Section 9(a)(4), is suspended to permit
43-7 the committee to add Section 37.001(c), Education Code, to read as
43-8 follows:
43-9 (c) Each school district shall adopt a student code of
43-10 conduct as required by this section not later than September 1,
43-11 1996. This subsection expires September 1, 1997.
43-12 Explanation: This change is necessary to delay the date by
43-13 which a school district must adopt a student code of conduct.
43-14 (83) House Rule 13, Section 9(a)(4), is suspended to permit
43-15 the committee to add Section 37.005, Education Code, to read as
43-16 follows:
43-17 Sec. 37.005. SUSPENSION. (a) The principal or other
43-18 appropriate administrator may suspend a student who engages in
43-19 conduct for which the student may be placed in an alternative
43-20 education program under this subchapter.
43-21 (b) A suspension under this section may not exceed three
43-22 school days.
43-23 Explanation: This change is necessary to permit the
43-24 temporary suspension of a student who engages in conduct for which
43-25 the student may be placed in an alternative education program.
43-26 (84) House Rule 13, Section 9(a)(4), is suspended to permit
43-27 the committee to add Subsection (c) to Section 37.008, Education
44-1 Code (Section 37.004, Education Code, in engrossed version; Section
44-2 37.004, Education Code, in house special printing), to read as
44-3 follows:
44-4 (c) An off-campus alternative education program is not
44-5 subject to a requirement imposed by this title, other than a
44-6 limitation on liability, a reporting requirement, or a requirement
44-7 imposed by this chapter or by Chapter 39.
44-8 Explanation: This change is necessary to specify the
44-9 applicability of provisions of the Education Code to off-campus
44-10 alternative education programs.
44-11 (85) House Rule 13, Section 9(a)(4), is suspended to permit
44-12 the committee to add text to Section 37.009(a), Education Code
44-13 (Section 37.005(a), Education Code, in engrossed version), to read
44-14 as follows:
44-15 The student may not be returned to the regular classroom
44-16 pending the hearing.
44-17 Explanation: This change is necessary to prohibit the return
44-18 of a student to the regular classroom pending a hearing on the
44-19 placement of the student in an alternative education program or
44-20 expulsion of the student.
44-21 (86) House Rule 13, Section 9(a)(4), is suspended to permit
44-22 the committee to add Subsection (a) to Section 37.011, Education
44-23 Code (Section 37.008, Education Code, in house special printing),
44-24 to read as follows:
44-25 (a) The juvenile board of a county with a population greater
44-26 than 125,000 shall develop a juvenile justice alternative education
44-27 program, subject to the approval of the Texas Juvenile Probation
45-1 Commission. The juvenile board of a county with a population of
45-2 125,000 or less may develop a juvenile justice alternative
45-3 education program. A juvenile justice alternative education
45-4 program in a county with a population of 125,000 or less:
45-5 (1) is not required to be approved by the Texas
45-6 Juvenile Probation Commission; and
45-7 (2) is not subject to Subsection (c), (d), (f), or
45-8 (g).
45-9 Explanation: This change is necessary to require a juvenile
45-10 justice alternative education program approved by the Texas
45-11 Juvenile Probation Commission only in a county with a population of
45-12 more than 125,000 and to permit a juvenile justice alternative
45-13 education program in a smaller county.
45-14 (87) House Rule 13, Section 9(a)(4), is suspended to permit
45-15 the committee to add Subsection (b) to Section 37.011, Education
45-16 Code (Section 37.008, Education Code, in house special printing),
45-17 to read as follows:
45-18 (b) If a student is found to have engaged in conduct
45-19 described by Section 37.007 and the student is found by a juvenile
45-20 court to have engaged in delinquent conduct under Title 3, Family
45-21 Code, the juvenile court shall:
45-22 (1) require the juvenile justice alternative education
45-23 program in the county in which the conduct occurred to provide
45-24 educational services to the student; and
45-25 (2) order the student to attend the program from the
45-26 date of adjudication.
45-27 Explanation: This change is necessary to require a juvenile
46-1 court to place a student who engages in certain serious conduct in
46-2 a juvenile justice alternative education program.
46-3 (88) House Rule 13, Section 9(a)(4), is suspended to permit
46-4 the committee to add Subsection (f) to Section 37.011, Education
46-5 Code (Section 37.008, Education Code, in house special printing),
46-6 to read as follows:
46-7 (f) A juvenile justice alternative education program must
46-8 operate at least:
46-9 (1) seven hours per day; and
46-10 (2) 180 days per year.
46-11 Explanation: This change is necessary to require a mandatory
46-12 juvenile justice alternative education program to operate, on both
46-13 a daily basis and a yearly basis, the same amount of time as a
46-14 school district.
46-15 (89) House Rule 13, Section 9(a)(4), is suspended to permit
46-16 the committee to add Subsection (j) to Section 37.011, Education
46-17 Code (Section 37.008, Education Code, in house special printing),
46-18 to read as follows:
46-19 (j) A juvenile board in a county with a population greater
46-20 than 125,000 shall establish a juvenile justice alternative
46-21 education program not later than September 1, 1996. A student who
46-22 engages in conduct described by Section 37.007 before the date on
46-23 which a juvenile justice alternative education program for the
46-24 county in which the student resides begins operation shall be
46-25 expelled for a period not to exceed one year. This subsection
46-26 expires September 1, 1997.
46-27 Explanation: This change is necessary to provide sufficient
47-1 time for juvenile boards to establish juvenile justice alternative
47-2 education programs in those counties required to do so.
47-3 (90) House Rule 13, Section 9(a)(4), is suspended to permit
47-4 the committee to change the heading to Section 37.083, Education
47-5 Code, by striking "PROGRAMS" and substituting "PROGRAMS; SEXUAL
47-6 HARASSMENT POLICIES."
47-7 Explanation: This change is necessary to make the section
47-8 heading more descriptive.
47-9 (91) House Rule 13, Section 9(a)(1), is suspended to permit
47-10 the committee to amend Section 38.009, Education Code (Section
47-11 38.008, Education Code, in engrossed version; Section 38.009,
47-12 Education Code, in house special printing), to read as follows:
47-13 Sec. 38.009. ACCESS TO MEDICAL RECORDS. (a) A school
47-14 administrator, nurse, or teacher is entitled to access to a
47-15 student's medical records maintained by the school district for
47-16 reasons determined by district policy.
47-17 (b) A school administrator, nurse, or teacher who views
47-18 medical records under this section shall maintain the
47-19 confidentiality of those medical records.
47-20 (c) This section does not authorize a school administrator,
47-21 nurse, or teacher to require a student to be tested to determine
47-22 the student's medical condition or status.
47-23 Explanation: The change is necessary to entitle a school
47-24 nurse to access to a student's medical records maintained by a
47-25 school.
47-26 (92) House Rule 13, Section 9(a)(3), is suspended to permit
47-27 the committee to add text in Section 39.023(a), Education Code, to
48-1 read as follows:
48-2 (a) The agency shall adopt appropriate criterion-referenced
48-3 assessment instruments designed to assess competencies in reading,
48-4 writing, mathematics, social studies, and science. All nonexempt
48-5 students shall be assessed in:
48-6 (1) reading and mathematics, annually in grades three
48-7 through eight;
48-8 (2) writing, in grades four and eight; and
48-9 (3) social studies and science, at an appropriate
48-10 grade level determined by the State Board of Education.
48-11 Explanation: This change is necessary to require assessment
48-12 instruments under the statewide assessment program to assess
48-13 competencies in social studies and science.
48-14 (93) House Rule 13, Section 9(a)(4), is suspended to permit
48-15 the committee to add Sections 39.023(c) and (i), Education Code, to
48-16 read as follows:
48-17 (c) The agency shall adopt end-of-course assessment
48-18 instruments for students in secondary grades who have completed
48-19 Algebra I, Biology I, English II, and United States history.
48-20 (i) Beginning with the 1995-1996 school year, the State
48-21 Board of Education shall administer the end-of-course assessment
48-22 instruments under Subsection (c) in Algebra I and Biology I. Not
48-23 later than the 1998-1999 school year, the State Board of Education
48-24 shall administer the end-of-course assessment instruments under
48-25 Subsection (c) in English II and United States history. This
48-26 subsection expires September 1, 2001.
48-27 Explanation: This change is necessary to require and
49-1 phase-in the administration of end-of-course assessment tests in
49-2 specified subject areas.
49-3 (94) House Rule 13, Section 9(a)(2), is suspended to permit
49-4 the committee to omit Section 39.027(b), Education Code, which
49-5 reads as follows:
49-6 (b) The State Board of Education shall adopt rules under
49-7 which a district may determine if a student is eligible for an
49-8 exemption under this section. The agency shall closely monitor
49-9 compliance with those rules.
49-10 Explanation: This change is necessary to conform to changes
49-11 made to Section 39.023 by the committee.
49-12 (95) House Rule 13, Section 9(a)(3), is suspended to permit
49-13 the committee to add text in Section 39.030(b), Education Code, to
49-14 read as follows:
49-15 (b) The results of individual student performance on
49-16 academic skills assessment instruments administered under this
49-17 subchapter are confidential and may be released only in accordance
49-18 with the Family Educational Rights and Privacy Act of 1974 (20
49-19 U.S.C. Section 1232g). However, overall student performance data
49-20 shall be aggregated by ethnicity, sex, grade level, subject area,
49-21 campus, and district and made available to the public, with
49-22 appropriate interpretations, at regularly scheduled meetings of the
49-23 board of trustees of each school district. The information may not
49-24 contain the names of individual students or teachers.
49-25 Explanation: This change is necessary to require aggregation
49-26 of overall student performance data on the basis of ethnicity and
49-27 gender as well as on other bases.
50-1 (96) House Rule 13, Section 9(a)(4), is suspended to permit
50-2 the committee to add Subsection (b) to Section 39.031, Education
50-3 Code, to read as follows:
50-4 (b) The cost of releasing the question and answer keys under
50-5 Section 39.023(d) shall be paid from amounts appropriated to the
50-6 agency.
50-7 Explanation: This change is necessary to require that the
50-8 Texas Education Agency pay the cost of releasing question and
50-9 answer keys for assessment instruments.
50-10 (97) House Rule 13, Sections 9(a)(1) and (3), are suspended
50-11 to permit the committee to redesignate Section 39.053, Education
50-12 Code, relating to a campus report card, as Section 39.052, to
50-13 conform cross-references as necessary, and to add text in
50-14 Subsection (c) of that section to read as follows:
50-15 (c) The commissioner shall adopt rules for requiring
50-16 dissemination of appropriate student performance portions of campus
50-17 report cards annually to the parent, guardian, conservator, or
50-18 other person having lawful control of each student at the campus.
50-19 On written request, the school district shall provide a copy of a
50-20 campus report card to any other party.
50-21 Explanation: These changes are necessary to improve the
50-22 readability of Chapter 39, and to limit the dissemination of campus
50-23 report cards to appropriate student performance portions of the
50-24 report cards.
50-25 (98) House Rule 13, Section 9(a)(1), is suspended to permit
50-26 the committee to redesignate Section 39.052, Education Code,
50-27 relating to performance reports, as Section 39.053, and to conform
51-1 cross-references as necessary.
51-2 Explanation: This change is necessary to improve the
51-3 readability of Chapter 39.
51-4 (99) House Rule 13, Section 9(a)(2), is suspended to permit
51-5 the committee to omit Section 39.076, relating to agency
51-6 assistance, and to renumber subsequent sections of Chapter 39
51-7 appropriately.
51-8 Explanation: This change is necessary to omit the
51-9 requirement that the Texas Education Agency provide certain
51-10 assistance or referrals to a school district that has difficulty
51-11 meeting accreditation or performance standards.
51-12 (100) House Rule 13, Section 9(a)(1), is suspended to permit
51-13 the committee to change the text of Section 39.094(b), Education
51-14 Code, to read as follows:
51-15 (b) The campus-level committee established under Section
51-16 11.253 shall determine the use of the funds awarded to a school
51-17 under this subchapter. The professional staff of the district
51-18 shall determine the use of the funds awarded to the school district
51-19 under this subchapter.
51-20 Explanation: This change is necessary to refer to the
51-21 campus-level committee rather than the school committee to conform
51-22 with the other provisions of the title.
51-23 (101) House Rule 13, Section 9(a)(1), is suspended to permit
51-24 the committee to change the text of Section 39.112(b)(3)(B),
51-25 Education Code (Section 39.112(b)(2) in engrossed version), to read
51-26 as follows:
51-27 (b) A school campus or district is not exempt under this
52-1 section from:
52-2 . . .
52-3 (3) a requirement, restriction, or prohibition
52-4 relating to:
52-5 . . .
52-6 (B) public school accountability as provided by
52-7 Subchapters B, C, D, and G; . . . .
52-8 Explanation: This change is necessary to exclude from the
52-9 exemption established by the subsection certain provisions relating
52-10 to public school accountability.
52-11 (102) House Rule 13, Section 9(a)(4), is suspended to permit
52-12 the committee to add Subsections (e)(4)-(6), Section 39.131,
52-13 Education Code, to read as follows:
52-14 ((e)) . . . The master or management team:
52-15 . . .
52-16 (4) may not change the number of or method of
52-17 selecting the board of trustees;
52-18 (5) may not set a tax rate for the district; and
52-19 (6) may not adopt a budget for the district that
52-20 provides for spending a different amount, exclusive of required
52-21 debt service, from that previously adopted by the board of
52-22 trustees.
52-23 Explanation: This change is necessary to clarify the duties
52-24 if the commissioner appoints a master or management team as an
52-25 accreditation sanction.
52-26 (103) House Rule 13, Section 9(a)(2), is suspended to permit
52-27 the committee to omit sections of the Education Code relating to
53-1 restricting written reports from school districts and school
53-2 district employees, teachers' records and reports, and reports to
53-3 the State Board of Education (Sections 39.156, 39.157, and 39.158
53-4 in engrossed version; Sections 39.151, 39.152, and 39.153 in house
53-5 special printing).
53-6 Explanation: This change is necessary to omit requirements
53-7 and restrictions relating to certain records and reports. As a
53-8 result of the omission, Section 39.159 in engrossed version
53-9 (Section 39.154 in house special printing) has been moved to
53-10 Section 29.083 in the conference committee report.
53-11 (104) House Rule 13, Section 9(a)(4), is suspended to permit
53-12 the committee to reorder the subsections in Section 41.002,
53-13 Education Code, and to add a new Section 41.002(c) to read as
53-14 follows:
53-15 (c) The amount of money necessary to replace funds made
53-16 unavailable to the Foundation School Program by operation of
53-17 Subsection (b) may be paid only from funds specifically
53-18 appropriated for that purpose. If a sufficient amount of money is
53-19 not appropriated to fully replace funds made unavailable to the
53-20 Foundation School Program by operation of Subsection (b), the
53-21 adjustment to the taxable values of property in each district to
53-22 which Subsection (b) applies shall be modified proportionately to
53-23 the extent necessary so that the amount of funds made unavailable
53-24 is equal to the amount appropriated to replace those funds.
53-25 Explanation: This change is necessary to ensure that there
53-26 is not less money available for Foundation School Program purposes
53-27 as a result of the requirement under Subsection (b) that the
54-1 commissioner of education adjust the taxable values of a school
54-2 district's property to reflect a decline in value.
54-3 (105) House Rule 13, Section 9(a)(4), is suspended to permit
54-4 the committee to add Section 41.034(c), Education Code, to read as
54-5 follows:
54-6 (c) Four or more districts that consolidate into one
54-7 district under this subchapter within a period of one year may
54-8 elect to receive incentive aid under this section or to receive
54-9 incentive aid for not more than five years under Subchapter G,
54-10 Chapter 13. Incentive aid under this subsection may not provide
54-11 the consolidated district with more revenue in state and local
54-12 funds than the district would receive at the equalized wealth
54-13 level.
54-14 Explanation: This change is necessary to provide another
54-15 means of encouraging consolidation, which usually saves the state
54-16 and districts money. The change provides districts, under
54-17 specified circumstances, with flexibility in selecting between
54-18 incentives offered to districts that consolidate.
54-19 (106) House Rule 13, Section 9(a)(4), is suspended to permit
54-20 the committee to add a new Section 41.099, Education Code, to read
54-21 as follows:
54-22 Sec. 41.099. LIMITATIONS. Sections 41.002(e), 41.094,
54-23 41.097, and 41.098 apply only to a district that:
54-24 (1) executes an agreement to purchase all attendance
54-25 credits necessary to reduce the district's wealth per student to
54-26 the equalized wealth level; or
54-27 (2) executes an agreement to purchase attendance
55-1 credits and an agreement under Subchapter E to contract for the
55-2 education of nonresident students who transfer to and are educated
55-3 in the district but who are not charged tuition.
55-4 Explanation: This change, which, with a limited exception,
55-5 provides certain benefits to a district only if the district
55-6 achieves the equalized wealth level solely through the purchase of
55-7 attendance credits, is necessary to encourage a school district to
55-8 achieve the equalized wealth level through the purchase of
55-9 attendance credits under Subchapter D, Chapter 41, rather than
55-10 through another available means under Chapter 41 that is less
55-11 beneficial to the state.
55-12 (107) House Rule 13, Section 9(a)(1), is suspended to permit
55-13 the committee to strike "weighted students in average daily
55-14 attendance" and substitute "students in weighted average daily
55-15 attendance" in Sections 41.093, 41.121, and 41.158, Education Code.
55-16 Explanation: This change is necessary to conform Chapter 41
55-17 to similar changes made to Chapter 42.
55-18 (108) House Rule 13, Section 9(a)(4), is suspended to permit
55-19 the committee to add Subsection (a-1) to Section 42.005, Education
55-20 Code, to read as follows:
55-21 (a-1) Subsection (a) applies beginning with the 1997-1998
55-22 school year. For the 1995-1996 and 1996-1997 school years, average
55-23 daily attendance is the quotient of the sum of attendance for each
55-24 day of the minimum number of days of instruction as described under
55-25 Section 25.081(a) divided by the minimum number of days of
55-26 instruction. This subsection expires September 1, 1997.
55-27 Explanation: This change is necessary to delay including
56-1 extended year program attendance in the computation of average
56-2 daily attendance until the 1998-1999 biennium.
56-3 (109) House Rule 13, Section 9(a)(1), is suspended to permit
56-4 the committee to alter Section 42.101, Education Code, by striking
56-5 "vocational education" and substituting "career and technology
56-6 education".
56-7 Explanation: This change is necessary to conform with
56-8 terminology used in federal law.
56-9 (110) House Rule 13, Section 9(a)(4), is suspended to permit
56-10 the committee to add Section 42.102(c), Education Code, to read as
56-11 follows:
56-12 (c) Beginning with the 1996-1997 school year, the
56-13 commissioner shall recompute the cost of education index, excluding
56-14 from the computation the calculation for the diseconomies of scale
56-15 component and substituting a value of 1.00.
56-16 Explanation: This change is necessary to provide for the
56-17 computation of the cost of education adjustment for the 1996-1997
56-18 and subsequent school years.
56-19 (111) House Rule 13, Section 9(a)(4), is suspended to permit
56-20 the committee to add Section 42.103(e), Education Code, to read as
56-21 follows:
56-22 (e) The commissioner may make the adjustment authorized by
56-23 Subsection (d)(3) only if the district's wealth per student does
56-24 not exceed the equalized wealth level under Section 41.002. For
56-25 purposes of this subsection, a district's wealth per student is
56-26 determined in the manner provided by Section 41.001, except that
56-27 the adjustment provided by Subsection (d)(3) is not used in
57-1 computing the number of students in weighted average daily
57-2 attendance.
57-3 Explanation: This change is necessary to provide that the
57-4 mid-sized school adjustment is not applied in computing a school
57-5 district's wealth per student for purposes of the equalized wealth
57-6 level under Chapter 41.
57-7 (112) House Rule 13, Section 9(a)(1), is suspended to permit
57-8 the committee to alter text in Sections 42.152(c), (d), and (e),
57-9 Education Code, by striking "remedial instruction" and substituting
57-10 "accelerated instruction".
57-11 Explanation: This change is necessary to conform to
57-12 preferred terminology.
57-13 (113) House Rule 13, Section 9(a)(4), is suspended to permit
57-14 the committee to add a sentence at the end of Section 42.152(c),
57-15 Education Code, to read as follows:
57-16 A home-rule school district or an open-enrollment charter school
57-17 must use funds allocated under Subsection (a) to provide
57-18 compensatory services but is not otherwise subject to Subchapter C,
57-19 Chapter 29.
57-20 Explanation: This change is necessary to provide a home-rule
57-21 school district or open-enrollment charter school with greater
57-22 flexibility in providing a compensatory education program.
57-23 (114) House Rule 13, Section 9(a)(1), is suspended to permit
57-24 the committee to alter text in Section 42.152(m), Education Code
57-25 (Section 42.152(n), Education Code, in engrossed version; Section
57-26 42.152(m), Education Code, in house special printing), by striking
57-27 "students who are not disabled" and substituting "students who do
58-1 not have disabilities."
58-2 Explanation: This change is necessary to conform to
58-3 preferred terminology.
58-4 (115) House Rule 13, Section 9(a)(1), is suspended to permit
58-5 the committee to alter text in Section 42.154, Education Code, by
58-6 striking "vocational education" and substituting "career and
58-7 technology education" throughout the section.
58-8 Explanation: This change is necessary to conform with
58-9 terminology used in federal law.
58-10 (116) House Rule 13, Section 9(a)(1), is suspended to permit
58-11 the committee to alter Section 42.155(f), Education Code, by
58-12 striking "vocational education" and substituting "career and
58-13 technology education."
58-14 Explanation: This change is necessary to conform with
58-15 terminology used in federal law.
58-16 (117) House Rule 13, Section 9(a)(4), is suspended to permit
58-17 the committee to alter Section 42.155(j), Education Code (Section
58-18 42.155(h), Education Code, in engrossed version), by adding the
58-19 following sentence at the end of Subsection (j):
58-20 The commissioner shall determine the appropriate allotment.
58-21 Explanation: This change is necessary to allow the
58-22 commissioner of education to determine the appropriate
58-23 transportation allotment for the Texas School for the Deaf.
58-24 (118) House Rule 13, Section 9(a)(4), is suspended to permit
58-25 the committee to add a sentence at the end of Section 42.253(b),
58-26 Education Code, to read as follows:
58-27 The commissioner shall reduce the entitlement of each district that
59-1 has a final taxable value of property for the second year of a
59-2 state fiscal biennium that is higher than the estimate under
59-3 Section 42.254. A reduction under this subsection may not reduce
59-4 the district's entitlement below the amount to which it is entitled
59-5 at its actual taxable value of property. The sum of the reductions
59-6 under this subsection may not be greater than the amount necessary
59-7 to fully fund the entitlement of each district.
59-8 Explanation: This change is necessary to permit the
59-9 commissioner of education, in the second year of a state fiscal
59-10 biennium, to reduce the foundation school fund entitlement of a
59-11 school district that has a taxable value of property that is higher
59-12 than the estimate originally used to determine the district's
59-13 entitlement.
59-14 (119) House Rule 13, Section 9(a)(1), is suspended to permit
59-15 the committee to amend Section 43.005, Education Code, to read as
59-16 follows:
59-17 Sec. 43.005. EXTERNAL INVESTMENT MANAGERS. (a) The State
59-18 Board of Education may contract with private professional
59-19 investment managers to assist the board in making investments of
59-20 the permanent school fund. A contract under this subsection must
59-21 be approved by the board or otherwise entered into in accordance
59-22 with board rules relating to contracting authority.
59-23 (b) The State Board of Education by rule may delegate a
59-24 power or duty relating to the investment of the permanent school
59-25 fund to a committee, officer, employee, or other agent of the
59-26 board.
59-27 Explanation: This change is necessary to permit the State
60-1 Board of Education to delegate a power or duty relating to the
60-2 investment of the permanent school fund.
60-3 (120) House Rule 13, Section 9(a)(4), is suspended to permit
60-4 the committee to add Section 43.006, Education Code, to read as
60-5 follows:
60-6 Sec. 43.006. INVESTMENT MANAGEMENT. (a) The State Board of
60-7 Education may delegate investment authority and contract for the
60-8 investment of the permanent school fund to the same extent as the
60-9 governing board of an institution of higher education with respect
60-10 to an institutional fund under Chapter 163, Property Code.
60-11 (b) The board may enter into a contract with a nonprofit
60-12 corporation for the corporation to invest funds under the control
60-13 and management of the board, including the permanent school fund,
60-14 as designated by the board. The corporation may not engage in any
60-15 business other than investing funds designated by the board under
60-16 the contract.
60-17 (c) The board must approve the:
60-18 (1) articles of incorporation and bylaws of the
60-19 corporation and any amendment to the articles of incorporation or
60-20 bylaws;
60-21 (2) investment policies of the corporation, including
60-22 changes to those policies;
60-23 (3) audit and ethics committee of the corporation; and
60-24 (4) code of ethics of the corporation.
60-25 (d) The board of directors of the corporation must be
60-26 members of the State Board of Education.
60-27 (e) If an investment contract entered into under Subsection
61-1 (b) includes the permanent school fund within the scope of funds
61-2 under the control and management of the State Board of Education to
61-3 be invested by the corporation, the board shall provide for an
61-4 annual financial audit of the permanent school fund. The audit
61-5 shall be performed by the state auditor.
61-6 (f) The corporation shall file quarterly reports with the
61-7 State Board of Education concerning matters required by the board.
61-8 (g) The corporation is subject to the Texas Non-Profit
61-9 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
61-10 Statutes).
61-11 (h) The corporation may not enter into an agreement or
61-12 transaction with a:
61-13 (1) director, officer, or employee of the corporation
61-14 acting in other than an official capacity on behalf of the
61-15 corporation;
61-16 (2) business entity in which a director, officer, or
61-17 employee of the corporation has an interest;
61-18 (3) former director, officer, or employee of the
61-19 corporation on or before the second anniversary of the date the
61-20 person ceased to be a director, officer, or employee of the
61-21 corporation; or
61-22 (4) business entity in which a former director,
61-23 officer, or employee of the corporation has an interest on or
61-24 before the second anniversary of the date the person ceased to be a
61-25 director, officer, or employee of the corporation.
61-26 (i) An agreement or transaction entered into in violation of
61-27 Subsection (h) is void.
62-1 (j) For purposes of this section, a person has an interest
62-2 in a business entity if:
62-3 (1) the person owns five percent or more of the voting
62-4 stock or shares of the business entity;
62-5 (2) the person owns five percent or more of the fair
62-6 market value of the business entity; or
62-7 (3) money received by the person from the business
62-8 entity exceeds five percent of the person's gross income for the
62-9 preceding calendar year.
62-10 (k) In this section:
62-11 (1) "Governing board" and "institutional fund" have
62-12 the meanings assigned by Chapter 163, Property Code.
62-13 (2) "Institution of higher education" has the meaning
62-14 assigned by Section 61.003.
62-15 Explanation: This change is necessary to permit the State
62-16 Board of Education to establish a nonprofit corporation to manage
62-17 the investment of the permanent school fund. Similar authority
62-18 with respect to the permanent university fund is granted to the
62-19 board of regents of The University of Texas System under H.B. No.
62-20 1877, effective May 23, 1995.
62-21 (121) House Rule 13, Section 9(a)(1), is suspended to permit
62-22 the committee to amend Section 43.008, Education Code (Section
62-23 43.007, Education Code, in both engrossed version and house special
62-24 printing), to read as follows:
62-25 Sec. 43.008. TREATMENT OF PREMIUM AND DISCOUNT. (a) If the
62-26 State Board of Education authorizes the payment of a premium out of
62-27 the permanent school fund for purchasing any fixed-income security
63-1 as an investment for that fund, the principal of the security and a
63-2 portion of the interest accruing from the security equal to the
63-3 premium shall be treated as principal in the investment as
63-4 provided by Subsection (c) and shall be returned to the permanent
63-5 school fund.
63-6 (b) If the State Board of Education authorizes the purchase
63-7 of a fixed-income security at less than par, the discount received
63-8 in the purchase shall be paid to the available school fund as
63-9 additional interest revenue as provided by Subsection (c).
63-10 (c) The amount of an interest payment treated as principal
63-11 under Subsection (a) or the amount of a discount treated as
63-12 additional revenue under Subsection (b) shall be determined at the
63-13 end of a period using an interest method that produces a periodic
63-14 interest revenue or expenditure, including amortization, that
63-15 represents a level effective interest rate on the sum of the
63-16 maturity value of the fixed-income security and its unamortized
63-17 premium or discount at the beginning of the period. The difference
63-18 between the amount computed and the stated interest revenue on the
63-19 outstanding amount of the fixed-income security is the amount of
63-20 the periodic amortization.
63-21 (d) In this section:
63-22 (1) "Effective interest rate" means the interest rate
63-23 that, when used to discount debt service payments, produces a
63-24 present value equal to the debt proceeds.
63-25 (2) "Fixed-income security" means a government or
63-26 corporate obligation with a specified maturity date, interest rate,
63-27 and interest payment dates.
64-1 (3) "Stated interest revenue" means the face value or
64-2 coupon interest rate multiplied by the maturity value of the
64-3 fixed-income security.
64-4 Explanation: This change is necessary to permit the State
64-5 Board of Education to use generally accepted accounting principles
64-6 in amortizing the principal of and interest on certain securities
64-7 purchased for the permanent school fund. This change is also
64-8 necessary to conform the new code to the current code, as amended
64-9 by S.B. No. 409, effective September 1, 1995.
64-10 (122) House Rule 13, Section 9(a)(3), is suspended to permit
64-11 the committee to add text to Section 44.002(b), Education Code, to
64-12 read as follows:
64-13 (b) The budget must be prepared according to generally
64-14 accepted accounting principles, rules adopted by the State Board of
64-15 Education, and adopted policies of the board of trustees.
64-16 Explanation: This change is necessary to include language
64-17 that appeared in Section 12.181(d)(6) in the engrossed version.
64-18 (123) House Rule 13, Sections 9(a)(1), (2), and (3), are
64-19 suspended to permit the committee to change the heading of Section
64-20 44.031, Education Code, to change Subsections (a), (b), and (c) of
64-21 that section to read as follows, and to reletter subsequent
64-22 subsections appropriately:
64-23 Sec. 44.031. PURCHASING CONTRACTS. (a) Except as provided
64-24 by this section, all school district contracts, except contracts
64-25 for the purchase of produce or vehicle fuel, valued at $25,000 or
64-26 more in the aggregate for each 12-month period shall be made by the
64-27 method, of the following methods, that provides the best value to
65-1 the district:
65-2 (1) competitive bidding;
65-3 (2) competitive sealed proposals;
65-4 (3) a request for proposals;
65-5 (4) a catalogue purchase as provided by Subchapter B,
65-6 Chapter 2157, Government Code;
65-7 (5) an interlocal contract; or
65-8 (6) a design/build contract.
65-9 (b) In determining to whom to award a contract, the district
65-10 may consider:
65-11 (1) the purchase price;
65-12 (2) the reputation of the vendor and of the vendor's
65-13 goods or services;
65-14 (3) the quality of the vendor's goods or services;
65-15 (4) the extent to which the goods or services meet the
65-16 district's needs;
65-17 (5) the vendor's past relationship with the district;
65-18 (6) the impact on the ability of the district to
65-19 comply with laws and rules relating to historically underutilized
65-20 businesses;
65-21 (7) the total long-term cost to the district to
65-22 acquire the vendor's goods or services; and
65-23 (8) any other relevant factor that a private business
65-24 entity would consider in selecting a vendor.
65-25 Explanation: These changes are necessary to clarify the
65-26 manner in which school district can make purchases of personal
65-27 property and to impose consistent restrictions on purchases of
66-1 personal property and certain contracts made in relation to
66-2 buildings.
66-3 (124) House Rule 13, Section 9(a)(1), is suspended to permit
66-4 the committee to change Section 44.031(g), Education Code (Section
66-5 44.031(h), Education Code, in engrossed version and house special
66-6 printing), to read as follows:
66-7 (g) Notice of the time when and place where the bids or
66-8 proposals will be received shall be published in the county in
66-9 which the district's central administrative office is located, once
66-10 a week for at least two weeks before the date set for awarding the
66-11 contract, except that on contracts involving less than $25,000, the
66-12 advertising may be limited to two successive issues of any
66-13 newspaper published in the county in which the district's central
66-14 administrative office is located, and if there is not a newspaper
66-15 in that county, the advertising shall be published in a newspaper
66-16 in the county nearest the county seat of the county in which the
66-17 district's central administrative office is located.
66-18 Explanation: This change is necessary to require publication
66-19 of the date by which bids must be received, instead of the date on
66-20 which the contract will be let.
66-21 (125) House Rule 13, Section 9(a)(2), is suspended to permit
66-22 the committee to omit text from Section 44.032(b), Education Code,
66-23 to read as follows:
66-24 (b) An officer, employee, or agent of a school district
66-25 commits an offense if the person with criminal negligence makes or
66-26 authorizes separate, sequential, or component purchases to avoid
66-27 the requirements of Section 44.031(a) or (b). An offense under
67-1 this subsection is a Class B misdemeanor and is an offense
67-2 involving moral turpitude.
67-3 Explanation: This change is necessary to conform to changes
67-4 made under Section 44.031.
67-5 (126) House Rule 13, Sections 9(a)(1) and (2), are suspended
67-6 to permit the committee to change Section 44.033(a), Education
67-7 Code, to read as follows:
67-8 (a) A school district shall purchase personal property as
67-9 provided by this section if the value of the items is at least
67-10 $10,000 but less than $25,000, in the aggregate, for a 12-month
67-11 period. In the alternative, the school district may purchase those
67-12 items in accordance with Sections 44.031(a) and (b).
67-13 Explanation: This change is necessary to conform to changes
67-14 made under Section 44.031.
67-15 (127) House Rule 13, Section 9(a)(2), is suspended to permit
67-16 the committee to omit from Section 45.003(c), Education Code, the
67-17 following:
67-18 Except as otherwise provided by this section, bonds may not be
67-19 issued pursuant to Subsection (b)(1) if the aggregate principal
67-20 amount of tax bond indebtedness of the district after issuing the
67-21 bonds would exceed 10 percent of the assessed valuation of taxable
67-22 property in the district according to the most recent approved ad
67-23 valorem tax rolls of the district. A district may issue bonds
67-24 resulting in an aggregate principal amount of tax bond indebtedness
67-25 that exceeds 10 percent of the district's assessed valuation if:
67-26 (1) the bonds are issued for the purpose of
67-27 constructing and equipping a replacement for a building lost to
68-1 fire or natural disaster;
68-2 (2) the bonds are issued in an amount necessary for
68-3 that purpose, less the amount paid by insurance covering the loss;
68-4 and
68-5 (3) the resulting aggregate principal amount of tax
68-6 bond indebtedness does not exceed 16 percent of the district's
68-7 assessed valuation.
68-8 Explanation: The omission of the ad valorem tax limit
68-9 computed according to assessed value of property in the district
68-10 would permit greater local control of tax decisions subject to
68-11 Section 45.003(e), Education Code, and would enable districts that
68-12 have reached the limit to issue bonds for necessary school
68-13 facilities.
68-14 (128) House Rule 13, Section 9(a)(2), is suspended to permit
68-15 the committee to omit Section 45.006, Education Code, other than
68-16 Subsection (e), engrossed version, which is similar to Subsections
68-17 (c) and (d) of the house special printing, relating to tax
68-18 limitations, and to renumber subsequent sections appropriately.
68-19 Explanation: The omission of the tax limitations conforms to
68-20 the limitation structure in Section 45.003 and eliminates
68-21 unnecessary references to constitutional limitations.
68-22 (129) House Rule 13, Section 9(a)(3), is suspended to permit
68-23 the committee to add text to Section 45.081(c) to read as follows:
68-24 (c) "Real property" means any interest in land, buildings,
68-25 or fixtures permanently attached to buildings or land.
68-26 Explanation: This change is necessary to include fixtures
68-27 permanently attached to land within the definition of real
69-1 property.
69-2 (130) House Rule 13, Sections 9(a)(3) and (4), are suspended
69-3 to permit the committee to add a new Subsection (c) to Section
69-4 45.082 to read as follows and to reletter subsequent subsections
69-5 appropriately:
69-6 (c) The board is not required to determine that the real
69-7 property is not required for the current needs of the district if
69-8 the sale is:
69-9 (1) to a corporation established by the district under
69-10 Article 717s, Revised Statutes; and
69-11 (2) subject to a lease-purchase agreement under which
69-12 the district will acquire the real property.
69-13 Explanation: This change is necessary to permit a school
69-14 district to sell property to be used by the district to a
69-15 corporation established by the district.
69-16 (131) House Rule 13, Sections 9(a)(1), (2), and (3), are
69-17 suspended to permit the committee to change the heading of Section
69-18 45.106, Education Code, and the text of Subsection (a) of that
69-19 section to read as follows:
69-20 Sec. 45.106. USE OF COUNTY AVAILABLE FUND APPORTIONMENT FOR
69-21 AREA SCHOOLS CAREER AND TECHNOLOGY EDUCATION. (a) A school
69-22 district or accumulation of districts that operates a school
69-23 designated as an area school for career and technology education
69-24 purposes or that participates in a designated area career and
69-25 technology education program shall use its annual county available
69-26 school fund apportionment, if any, in the operation of the area
69-27 school or program or in financing facilities for the school,
70-1 notwithstanding any laws to the contrary.
70-2 Explanation: This change is necessary to conform to changes
70-3 in terminology made in other portions of the bill.
70-4 (132) House Rule 13, Sections 9(a)(1), (2), (3), and (4),
70-5 are suspended to permit the committee to substitute the following
70-6 for Subchapter H, Chapter 45, Education Code:
70-7 SUBCHAPTER H. ASSESSMENT AND COLLECTION OF TAXES
70-8 Sec. 45.231. EMPLOYMENT OF ASSESSOR AND COLLECTOR. (a) The
70-9 board of trustees of an independent school district may employ a
70-10 person to assess or collect the school district's taxes and may
70-11 compensate the person as the board of trustees considers
70-12 appropriate.
70-13 (b) This section does not prohibit an independent school
70-14 district from providing for the assessment or collection of the
70-15 school district's taxes under a method authorized by Subchapter B,
70-16 Chapter 6, Tax Code.
70-17 Sec. 45.232. ALTERNATE METHODS OF SELECTION UNDER FORMER
70-18 LAW. An independent school district that used a method of
70-19 selecting the assessor or collector of the school district's taxes
70-20 for the 1994 tax year that was authorized by former Subchapter F,
70-21 Chapter 23, as that subchapter existed on January 1, 1994, but that
70-22 is not authorized by Section 45.231 or by Subchapter B, Chapter 6,
70-23 Tax Code, may continue to use that method of selection until the
70-24 school district uses another method authorized by Section 45.231 or
70-25 by Subchapter B, Chapter 6, Tax Code, to determine how the
70-26 assessment or collection is performed.
70-27 Explanation: This change is necessary to omit outdated
71-1 procedures relating to tax assessors and collectors, to allow broad
71-2 local discretion to employ a tax assessor and collector, and to
71-3 preserve current exceptions and authorizations.
71-4 (133) House Rule 13, Section 9(a)(1), is suspended to permit
71-5 the committee to amend redesignated Chapter 133, Education Code, as
71-6 amended by Section 3 of the bill (Section 31 in engrossed version)
71-7 to strike references to "vocational education" and substitute
71-8 "career and technology education."
71-9 Explanation: This change is necessary to conform to changes
71-10 in federal law terminology.
71-11 (134) House Rule 13, Section 9(a)(1), is suspended to permit
71-12 the committee to amend redesignated Chapter 133, Education Code, as
71-13 amended by Section 3 of the bill (Section 31 in engrossed version)
71-14 to change references to "board" to "commission" and add Section
71-15 133.001(5) to read as follows:
71-16 (5) "Commission" means the Texas Employment
71-17 Commission.
71-18 Explanation: This change is necessary to transfer the
71-19 proposed administration of Chapter 133 from the Texas Higher
71-20 Education Coordinating Board to the Texas Employment Commission.
71-21 (135) House Rule 13, Section 9(a)(3), is suspended to permit
71-22 the committee to amend redesignated Chapter 51, Education Code, as
71-23 amended by Section 4 of the bill (Section 32 in engrossed version)
71-24 to add Section 51.752(h) to read as follows:
71-25 (h) If the legislature fails to appropriate funds for the
71-26 operation of the Educational Economic Policy Center, the
71-27 Legislative Budget Board shall perform the duties of the committee
72-1 under this subchapter. The board shall make the annual reports
72-2 required by Subsection (g) to the presiding officers of the
72-3 standing committees of the senate and the house of representatives
72-4 with primary jurisdiction over the public school system.
72-5 Explanation: This change is necessary to allow the functions
72-6 of the Educational Economic Policy Center to be performed in the
72-7 absence of specific appropriations.
72-8 (136) House Rule 13, Section 9(a)(1), is suspended to permit
72-9 the committee to amend Section 61.077, Education Code, as amended
72-10 by Section 20 of the bill (Section 40 in engrossed version; Section
72-11 15 in house special printing), to strike references to "vocational"
72-12 or "vocational-technical" and substitute "career and technology"
72-13 and to strike references to "State Board of Vocational Education"
72-14 and substitute "State Board for Career and Technology Education".
72-15 Explanation: This change is necessary to conform to changes
72-16 in federal law terminology.
72-17 (137) House Rule 13, Section 9(a)(4), is suspended to permit
72-18 the committee to amend Section 822.201(c), Government Code, as
72-19 amended in Section 35 of the bill, to read as follows:
72-20 (c) Excluded from salary and wages are expense payments,
72-21 allowances, payments for unused vacation or sick leave, maintenance
72-22 or other nonmonetary compensation, fringe benefits, deferred
72-23 compensation other than as provided by Subsection (b)(3),
72-24 compensation that is not made pursuant to a valid employment
72-25 agreement, payments received in the 1995-96 or a subsequent school
72-26 year for teaching a driver education and traffic safety course, and
72-27 any compensation not described in Subsection (b).
73-1 Explanation: This change is necessary to exclude payments
73-2 made for nonacademic activities from being used to determine
73-3 contributions or benefits under the Teacher Retirement System of
73-4 Texas.
73-5 (138) House Rule 13, Sections 9(a)(1) and (3), are suspended
73-6 to permit the committee to amend Subsections (a) and (b) of and add
73-7 Subsection (b-1) to Section 825.405, Government Code, as amended in
73-8 Section 37 of the bill (Section 52 in engrossed version; Section 29
73-9 in house special printing), to read as follows:
73-10 (a) For members entitled to the minimum salary for certain
73-11 school personnel under Section 21.402 <16.056>, Education Code, and
73-12 for members who would have been entitled to the minimum salary for
73-13 certain school personnel under former Section 16.056, Education
73-14 Code, as that section existed on January 1, 1995, the employing
73-15 district shall pay the state's contribution on the portion of the
73-16 member's salary that exceeds the statutory minimum or former
73-17 statutory minimum, as applicable.
73-18 (b) For purposes of this section, the statutory minimum
73-19 salary is the salary provided by Section 21.402 or the former
73-20 Sections 16.056 and 16.058, Education Code, multiplied by the cost
73-21 of education adjustment applicable under Section 42.102 <16.102>,
73-22 Education Code, to the district in which the member is employed.
73-23 (b-1) Notwithstanding Subsections (a) and (b), for the
73-24 1995-1996 school year, for a member entitled to the minimum salary
73-25 for certain school personnel under Section 21.4011, Education Code,
73-26 the employing district shall pay the state's contribution on the
73-27 portion of the member's salary that exceeds the statutory minimum.
74-1 For purposes of this section, for the 1995-1996 school year, the
74-2 statutory minimum salary is the salary provided by Section 21.4011,
74-3 Education Code, multiplied by the cost of education adjustment
74-4 applicable under Section 42.102, Education Code, to the district in
74-5 which the member is employed. This subsection expires September 1,
74-6 1996.
74-7 Explanation: This change is necessary to continue to allow
74-8 the state to recover retirement contributions on excess salary
74-9 payments and to provide a one-year transition to the changes in the
74-10 provision.
74-11 (139) House Rule 13, Section 9(a)(2), is suspended to permit
74-12 the committee to omit the section amending Section 98A(b), Public
74-13 Utility Regulatory Act (Section 61 in the senate engrossment;
74-14 Section 47 in the house special printing), which reads as follows:
74-15 SECTION 47. CONFORMING AMENDMENT. Subsection (b), Section
74-16 98A, Public Utility Regulatory Act (Article 1446c, Vernon's Texas
74-17 Civil Statutes), is amended to read as follows:
74-18 (b) In this section, "interactive multimedia communications"
74-19 means real-time, two-way, interactive voice, video, and data
74-20 communications conducted over networks that link geographically
74-21 dispersed locations <has the meaning assigned by Section
74-22 14.0451(a), Education Code>.
74-23 Explanation: The omission is necessary because the provision
74-24 amended the Public Utility Regulatory Act, which has since been
74-25 repealed and replaced with the Public Utility Regulatory Act of
74-26 1995.
74-27 (140) House Rule 13, Section 9(a)(3), is suspended to permit
75-1 the committee to add the following sections:
75-2 SECTION 49. CONFORMING AMENDMENT. Section 3.355(h)(2),
75-3 Public Utility Regulatory Act of 1995, as enacted by Chapter 9,
75-4 Acts of the 74th Legislature, Regular Session, 1995, is amended to
75-5 read as follows:
75-6 (2) "Educational institution" means and includes:
75-7 (A) accredited primary or secondary schools
75-8 owned or operated by state and local governmental entities or
75-9 private entities;
75-10 (B) institutions of higher education as defined
75-11 by Section 61.003, Education Code;
75-12 (C) private institutions of higher education
75-13 accredited by a recognized accrediting agency as defined by Section
75-14 61.003(13), Education Code;
75-15 (D) the Texas <Central> Education Agency, its
75-16 successors and assigns;
75-17 (E) regional education service centers
75-18 established and operated pursuant to Chapter 8 <Sections 11.32 and
75-19 11.33>, Education Code; and
75-20 (F) the Texas Higher Education Coordinating
75-21 Board, its successors and assigns.
75-22 SECTION 50. CONFORMING AMENDMENT. Section 3.358(b), Public
75-23 Utility Regulatory Act of 1995, as enacted by Chapter 9, Acts of
75-24 the 74th Legislature, Regular Session, 1995, is amended to read as
75-25 follows:
75-26 (b) In this section, "interactive multimedia communications"
75-27 means real-time, two-way, interactive voice, video, and data
76-1 communications conducted over networks that link geographically
76-2 dispersed locations <has the meaning assigned by Section
76-3 14.0451(a), Education Code, as added by Chapter 868, Acts of the
76-4 73rd Legislature, Regular Session, 1993>.
76-5 Explanation: Section 49 is necessary to correct references
76-6 to the Texas Education Agency and the statutory authority for
76-7 operation of regional education service centers. Section 50 is
76-8 necessary because the comparable provisions in the house special
76-9 printing (Section 47) and senate engrossment (Section 61) amended
76-10 the Public Utility Regulatory Act, which has since been repealed
76-11 and replaced with the Public Utility Regulatory Act of 1995.
76-12 (141) House Rule 13, Section 9(a)(4), is suspended to permit
76-13 the committee in Section 51 of the conference committee report to
76-14 amend Section 22, Psychologists' Certification and Licensing Act
76-15 (Article 4512c, Vernon's Texas Civil Statutes), to read as follows:
76-16 Sec. 22. EXEMPTIONS. Nothing in this Act shall be construed
76-17 to apply to:
76-18 (a) the activities, services and use of official title
76-19 on the part of a person employed as a psychologist or psychological
76-20 associate by any: (1) governmental agency<, (2) public school
76-21 district,> or (2) <(3)> regionally accredited institution of higher
76-22 education provided such employee is performing those duties for
76-23 which he is employed by such agency<, district,> or institution and
76-24 within the confines of such agency<, district,> or institution
76-25 insofar as such activities and services are a part of the duties of
76-26 his office or position as a psychologist or psychological associate
76-27 with such agency<, district,> or institution; except that persons
77-1 employed as psychologists or psychological associates who offer or
77-2 provide psychological services to the public (other than lecture
77-3 services) for a fee, monetary or otherwise, over and above the
77-4 salary that they receive for the performance of their regular
77-5 duties, and/or persons employed as psychologists or psychological
77-6 associates by organizations that sell psychological services to the
77-7 public (other than lecture services) for a fee, monetary or
77-8 otherwise must be licensed under the provisions of this Act;
77-9 (b) the activities and services of a student, intern
77-10 or resident in psychology, pursuing a course of study in
77-11 preparation for the profession of psychology under qualified
77-12 supervision in recognized training institutions or facilities, if
77-13 these activities and services constitute a part of his supervised
77-14 course of study, provided that such an individual is designated by
77-15 a title such as "psychological intern," "psychological trainee," or
77-16 others clearly indicating such training status;
77-17 (c) the activities and services of members of other
77-18 licensed professions, including physicians, surgeons, attorneys,
77-19 registered nurses, licensed vocational nurses, occupational
77-20 therapists, certified social workers, licensed professional
77-21 counselors, career counselors, licensed marriage and family
77-22 therapists, and licensed chemical dependency counselors, if the
77-23 activities and services are permitted under the applicable license
77-24 and the members do not represent themselves to be psychologists or
77-25 describe their services by the use of the term "psychological";
77-26 (d) the activities and services of duly recognized
77-27 members of the clergy who are acting within the members'
78-1 ministerial capabilities, if the members do not represent
78-2 themselves to be psychologists or describe their services by the
78-3 use of the term "psychological";
78-4 (e) the voluntary activities and services of persons
78-5 employed by or working on the behalf of charitable nonprofit
78-6 organizations, if the persons do not represent themselves to be
78-7 psychologists or describe their services by the use of the term
78-8 "psychological."
78-9 Explanation: This change is necessary to require school
78-10 psychologists to be licensed by the Texas State Board of Examiners
78-11 of Psychologists rather than certified by the Central Education
78-12 Agency.
78-13 (142) House Rule 13, Section 9(a)(4), is suspended to permit
78-14 the committee in Section 51 of the conference committee report to
78-15 add Section 26, Psychologists' Certification and Licensing Act
78-16 (Article 4512c, Vernon's Texas Civil Statutes), to read as follows:
78-17 Sec. 26. LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY. (a) The
78-18 board by rule shall adopt the license classification of "licensed
78-19 specialist in school psychology." A license issued under this
78-20 section constitutes the appropriate credential for a person to
78-21 provide psychological services in a school in this state as
78-22 required by Section 21.003(b), Education Code.
78-23 (b) The board shall set the standards for qualification of a
78-24 license issued under this section. The standards must include:
78-25 (1) minimum recognized graduate degree requirements;
78-26 (2) completion of graduate course work at a regionally
78-27 accredited institution of higher education in the following areas:
79-1 (A) psychological foundations;
79-2 (B) educational foundations;
79-3 (C) interventions;
79-4 (D) assessments; and
79-5 (E) professional issues and ethics;
79-6 (3) completion of a minimum of 1,200 hours of
79-7 supervised experience;
79-8 (4) receipt of a passing score on a nationally
79-9 recognized qualifying examination determined to be appropriate by
79-10 the board and on any other examination determined to be necessary
79-11 by the board; and
79-12 (5) satisfaction of the requirements imposed under
79-13 Section 11(d) of this Act.
79-14 (c) The rules of practice for a licensed specialist in
79-15 school psychology must comply with nationally recognized standards
79-16 for the practice of school psychology.
79-17 Explanation: This change is necessary to require the setting
79-18 of standards for persons who provide psychological services in
79-19 schools.
79-20 (143) House Rule 13, Section 9(a)(1), is suspended to permit
79-21 the committee in Section 53 of the conference committee report
79-22 (Section 63 in engrossed version; Section 50 in house special
79-23 printing) to strike references to "vocational education" and the
79-24 "State Board of Vocational Education" in Section 2.06, Workforce
79-25 and Economic Competitiveness Act (Article 5190.7a, Vernon's Texas
79-26 Civil Statutes), and substitute references to "career and
79-27 technology education" and "State Board for Career and Technology
80-1 Education," respectively.
80-2 Explanation: This change is necessary to conform to
80-3 terminology used in federal law.
80-4 (144) House Rule 13, Section 9(a)(4), is suspended to permit
80-5 the committee in Section 58 of the conference committee report
80-6 (Section 79 in engrossed version; Section 54 in house special
80-7 printing) to repeal the heading to Subchapter A, Chapter 34,
80-8 Education Code.
80-9 Explanation: This change is necessary because the substance
80-10 of Subchapter A, Chapter 34, has been repealed.
80-11 (145) House Rule 13, Section 9(a)(4), is suspended to permit
80-12 the committee in Section 58 of the conference committee report
80-13 (Section 79 in engrossed version; Section 54 in house special
80-14 printing) to repeal Section 3A, Chapter 280, Acts of the 53rd
80-15 Legislature, Regular Session, 1953 (Article 6701d-1, Vernon's Texas
80-16 Civil Statutes).
80-17 Explanation: This change is necessary to conform to changes
80-18 made to Section 34.004.
80-19 (146) House Rule 13, Section 9(a)(4), is suspended to permit
80-20 the committee in Section 63 of the conference committee report
80-21 (Section 89 in engrossed version) to add the following text:
80-22 (f) The Texas Education Agency may issue certificates under
80-23 Subchapter B, Chapter 13, Education Code, as that subchapter
80-24 existed on January 1, 1995, until:
80-25 (1) September 1, 1996, in the case of a person
80-26 required to be licensed by a state agency other than the State
80-27 Board for Educator Certification, as provided by Section 21.003(b),
81-1 Education Code; and
81-2 (2) the effective date of rules of the State Board for
81-3 Educator Certification for certification under Subchapter B,
81-4 Chapter 21, Education Code, as added by this Act, in the case of a
81-5 person required to hold a certificate under Section 21.003(a),
81-6 Education Code, as added by this Act.
81-7 (g) A person who is employed by a public school in a
81-8 position described by Section 21.003(b), Education Code, as added
81-9 by this Act, other than the position of school psychologist or
81-10 associate school psychologist, and who holds a certificate issued
81-11 by the Central Education Agency or the Texas Education Agency under
81-12 former Subchapter B, Chapter 13, Education Code, before September
81-13 1, 1996, may continue to practice under that certificate. A person
81-14 practicing under a certificate to which this subsection applies may
81-15 practice only in the employment of a public school.
81-16 (h) Not later than November 1, 1997, the State Board for
81-17 Educator Certification shall propose rules relating to educator
81-18 certification, including alternative certification, educator
81-19 appraisals, and certification sanctions, and other rules the board
81-20 is required to propose under Subchapter B, Chapter 21. Rules
81-21 adopted by the State Board of Education under Subchapter B, Chapter
81-22 13, Education Code, as that subchapter existed on January 1, 1995,
81-23 continue in effect until the effective date of rules of the State
81-24 Board for Educator Certification under Subchapter B, Chapter 21.
81-25 Explanation: This change is necessary to provide for the
81-26 transition to certification of educators by the State Board for
81-27 Educator Certification.
82-1 (147) House Rule 13, Sections 9(a)(1) and (3), are suspended
82-2 to permit the committee to change and add text in Section 64(a) of
82-3 the conference committee report (Section 90(a) in engrossed
82-4 version; Section 58(a) in house special printing) to read as
82-5 follows:
82-6 (a) Not later than November 1, 1995, the State Board of
82-7 Education shall adopt rules for the certification of hearing
82-8 examiners under Section 21.252, Education Code, as added by this
82-9 Act. Notwithstanding Section 7.102(e), Education Code, as added by
82-10 this Act, rules adopted under this subsection take effect as
82-11 provided by Chapter 2001, Government Code.
82-12 Explanation: This change is necessary to provide that rules
82-13 for the certification of hearing examiners take effect as provided
82-14 by the Administrative Procedure Act rather than as provided by
82-15 Section 7.102(e), Education Code, under which a rule does not take
82-16 effect until the beginning of the school year that begins at least
82-17 90 days after the date on which the rule was adopted.
82-18 (148) House Rule 13, Section 9(a)(4), is suspended to permit
82-19 the committee to add text in Section 66 of the conference committee
82-20 report to read as follows:
82-21 SECTION 66. TRANSITION RELATING TO MINIMUM SICK LEAVE
82-22 PROGRAM. A public school employee retains any sick leave the
82-23 employee has accumulated as state minimum sick leave under former
82-24 Section 13.904(a), Education Code, as that subsection existed on
82-25 January 1, 1995. Former Section 13.904(c), Education Code, as that
82-26 subsection existed on January 1, 1995, governs the use of that sick
82-27 leave, and that law is continued in effect for that purpose.
83-1 Explanation: This change is necessary to permit a public
83-2 school employee to retain any sick leave the employee accumulated
83-3 as state minimum sick leave under former Section 13.904(c).
83-4 (149) House Rule 13, Section 9(a)(4), is suspended to permit
83-5 the committee to add text in Section 69 of the conference committee
83-6 report to read as follows:
83-7 SECTION 69. TRANSITION PROVISION RELATING TO TEXTBOOKS. (a)
83-8 The addition of Chapter 31, Education Code, by this Act does not
83-9 affect the terms or validity of any contract entered into by the
83-10 State Board of Education in accordance with former Chapter 12,
83-11 Education Code, as that chapter existed at the time the contract
83-12 was entered into, and that chapter is continued in effect for that
83-13 purpose.
83-14 (b) The State Board of Education shall proceed with the
83-15 adoption of textbooks whose adoption is in progress on the
83-16 effective date of this Act, and Chapter 12, Education Code, as that
83-17 chapter existed on January 1, 1995, is continued in effect for that
83-18 purpose.
83-19 Explanation: This change is necessary to clarify that
83-20 Chapter 31, Education Code, does not affect existing textbook
83-21 contracts and to permit the State Board of Education to proceed
83-22 with the adoption of textbooks under the former law if the adoption
83-23 was in progress on the effective date of S.B. 1.
83-24 (150) House Rule 13, Section 9(a)(1), is suspended to permit
83-25 the committee to strike references in Section 72 of the conference
83-26 committee report (Section 98 in engrossed version; Section 68 in
83-27 house special printing) to the "commissioner of higher education"
84-1 and the "Texas Higher Education Coordinating Board" and substitute
84-2 references to the "Texas Employment Commission" and to strike
84-3 references to the "State Board for Career and Technical Education"
84-4 and substitute references to the "State Board for Career and
84-5 Technology Education."
84-6 Explanation: The change regarding the references to the
84-7 Texas Employment Commission is necessary to conform to provisions
84-8 granting the Texas Employment Commission authority over
84-9 apprenticeship training provisions. The change regarding
84-10 references to the State Board for Career and Technology Education
84-11 is necessary to conform to terminology used in federal law.
84-12 (151) House Rule 13, Section 9(a)(4), is suspended to permit
84-13 the committee to add text in Section 73 of the conference committee
84-14 report to read as follows:
84-15 SECTION 73. APPLICABILITY OF SECTION 41.098, EDUCATION CODE.
84-16 Section 41.098, Education Code, as added by this Act, applies
84-17 beginning with the 1996-1997 school year.
84-18 Explanation: This change is necessary to postpone the
84-19 applicability of Section 41.098, which pertains to early agreement
84-20 credit, until the 1996-1997 school year.
84-21 (152) House Rule 13, Section 9(a)(4), is suspended to permit
84-22 the committee to add text in Section 74 of the conference committee
84-23 report to read as follows:
84-24 SECTION 74. AUDIT OF PERMANENT SCHOOL FUND. The State Board
84-25 of Education shall retain an independent accounting firm to perform
84-26 a financial audit of the permanent school fund before the board
84-27 implements a contract for investment of the permanent school fund
85-1 by a corporation pursuant to the authority granted by Section
85-2 43.006, Education Code, as added by this Act.
85-3 Explanation: This change is necessary to require an audit of
85-4 the permanent school fund before a corporation invests the money in
85-5 the fund on behalf of the State Board of Education.
85-6 (153) House Rule 13, Section 9(a)(4), is suspended to permit
85-7 the committee to add text in Section 75 of the conference committee
85-8 report to read as follows:
85-9 SECTION 75. APPLICABILITY OF SECTION 43.008(c), EDUCATION
85-10 CODE. Section 43.008(c), Education Code, as added by this Act,
85-11 applies to each fixed-income security purchased as an investment
85-12 for the permanent school fund regardless of the date of purchase.
85-13 Explanation: This change is necessary to clarify the
85-14 fixed-income securities to which Section 43.008(c), applies.
85-15 (154) House Rule 13, Section 9(a)(4), is suspended to permit
85-16 the committee to add text in Section 78 of the conference committee
85-17 report to read as follows:
85-18 SECTION 78. TRANSITION PROVISION RELATING TO SCHOOL
85-19 PSYCHOLOGISTS. (a) A person who, on or after September 1, 1992,
85-20 but before September 1, 1996, was employed as a school psychologist
85-21 or associate school psychologist by a school district of this state
85-22 under the Education Code, as that code existed on January 1, 1995,
85-23 is entitled to a license as a licensed school psychologist under
85-24 Section 26, Psychologists' Certification and Licensing Act (Article
85-25 4512c, Vernon's Texas Civil Statutes), as added by this Act,
85-26 without examination, if the person applies to the Texas State Board
85-27 of Examiners of Psychologists for the license before September 1,
86-1 1997, and pays the appropriate fees set by that board.
86-2 (b) A person who is employed by a public school as a school
86-3 psychologist or associate school psychologist and who holds a
86-4 certificate issued by the Central Education Agency or the Texas
86-5 Education Agency under former Subchapter B, Chapter 13, Education
86-6 Code, may continue to practice under that certificate until the
86-7 person obtains a license as a licensed school psychologist as
86-8 provided by Subsection (a) of this section.
86-9 Explanation: This change is necessary to provide a
86-10 transition provision for licensing of school psychologists.
86-11 (155) House Rule 13, Section 9(a)(4), is suspended to permit
86-12 the committee to add text in Section 83 of the conference committee
86-13 report to read as follows:
86-14 SECTION 83. PROPOSAL TO IDENTIFY AND ASSIST STUDENTS
86-15 REQUIRING SPECIAL SERVICES. Not later than December 1, 1996, the
86-16 State Board of Education shall submit to the legislature a proposal
86-17 to identify and assist students who do not qualify for special
86-18 education services under Subchapter A, Chapter 29, Education Code,
86-19 as added by this Act, but who require special services beyond the
86-20 regular school program. The proposal must include methods of
86-21 assessing the special abilities and needs of these students as well
86-22 as a system to provide these students with appropriate education
86-23 and career training. Individuals trained in diagnostic and
86-24 evaluation procedures must be involved in the development of the
86-25 board's proposal.
86-26 Explanation: This change is necessary to require the State
86-27 Board of Education to submit to the legislature a proposal to
87-1 identify and assist certain students requiring special services.
87-2 (156) House Rule 13, Section 9(a)(4), is suspended to permit
87-3 the committee to add text in Section 84 of the conference committee
87-4 report to read as follows:
87-5 SECTION 84. RECOMMENDATION CONCERNING HIGH SCHOOL PROGRAMS
87-6 OF STUDY. Not later than January 1, 1997, the commissioner of
87-7 education shall report to the legislature concerning recommended
87-8 high school programs of study for college preparation and for broad
87-9 career concentrations in areas such as arts and communication,
87-10 business and management, health services, human resources,
87-11 industrial and engineering systems, and natural resources. The
87-12 recommendations must address providing guidance to a student on
87-13 sequences of rigorous courses that will prepare the student for
87-14 continued learning in postsecondary educational, training, or
87-15 employment settings.
87-16 Explanation: This change is necessary to require the
87-17 commissioner of education to report to the legislature concerning
87-18 recommended high school programs of study to prepare students for
87-19 college and employment.
87-20 (157) House Rule 13, Section 9(a)(4), is suspended to permit
87-21 the committee to add text in Section 85 of the conference committee
87-22 report to read as follows:
87-23 SECTION 85. LEGISLATIVE BUDGET BOARD STUDY OF ALLOTMENTS AND
87-24 ADJUSTMENTS UNDER CHAPTER 42, EDUCATION CODE. (a) The Legislative
87-25 Budget Board shall study the various allotments and adjustments
87-26 provided for by Chapter 42, Education Code, for the purpose of
87-27 improving the efficient distribution of state funds.
88-1 (b) As part of this study, the board shall review the method
88-2 by which the state funds the school transportation system. The
88-3 purpose of this review is to improve efficiency and reduce the
88-4 paperwork burden on school districts. The board shall also audit
88-5 each school district whose transportation allocation significantly
88-6 deviates from the average allocation on a student density basis to
88-7 determine the reasons for that deviation.
88-8 (c) The board shall report its findings to the legislature
88-9 not later than November 1, 1996.
88-10 Explanation: This change is necessary to require the
88-11 Legislative Budget Board to study the various allotments and
88-12 adjustments provided for by Chapter 42 for the purpose of improving
88-13 the efficient distribution of state funds.
88-14 ¯BEGCAPTIONÆ
88-15 Suspending limitations on conference committee jurisdiction, S.B.
88-16 1.
88-17 ¯ENDCAPTIONÆ