Suspending limitations on conference committee
                            jurisdiction, S.B. 1
       By ____________________                               S.R. No. ____
       74R14061 ESH/CAS/KKA-D
                                  R E S O L U T I O N
    1-1        BE IT RESOLVED by the Senate of the State of Texas, 74th
    1-2  Legislature, Regular Session, 1995, That Senate Rule 12.03 be
    1-3  suspended in part as provided by Senate Rule 12.08 to enable the
    1-4  conference committee appointed to resolve the differences on Senate
    1-5  Bill No. 1 to consider and take action on the following matters:
    1-6        (1)  Senate Rule 12.03(4) is suspended to permit the
    1-7  committee to add text to Section 1.003, Education Code, to read as
    1-8  follows:
    1-9        Sec. 1.003.  THE FLYING OF THE UNITED STATES AND TEXAS FLAGS.
   1-10  On all regular school days, every school and other educational
   1-11  institution to which this code applies shall fly the United States
   1-12  and Texas flags.
   1-13        Explanation:  This change is necessary to require schools and
   1-14  educational institutions to fly the United States flag.
   1-15        (2)  Senate Rule 12.03(1) is suspended to permit the
   1-16  committee to delete "vocational" and substitute "career and
   1-17  technology" in Section 5.001(2), Education Code.
   1-18        Explanation:  The language is changed to conform with
   1-19  terminology used in federal law.
   1-20        (3)  Senate Rule 12.03(1) is suspended to permit the
   1-21  committee to amend Section 7.056(e)(3)(A), Education Code (Section
   1-22  7.104(e)(1), Education Code, in engrossed version), to read as
   1-23  follows:
   1-24        (e)  Except as provided by Subsection (f), a school campus or
    2-1  district may not receive an exemption or waiver under this section
    2-2  from:
    2-3        . . .
    2-4              (3)  a requirement, restriction, or prohibition
    2-5  relating to:
    2-6                    (A)  essential knowledge or skills under Section
    2-7  28.001 or minimum graduation requirements under Section 28.025;
    2-8        Explanation:  This change is necessary to conform to changes
    2-9  made to the commissioner of education's and State Board of
   2-10  Education's duties relating to curriculum requirements under
   2-11  Subchapter A, Chapter 28.
   2-12        (4)  Senate Rule 12.03(1) is suspended to permit the
   2-13  committee to amend Section 7.056(e)(3)(B), Education Code (Section
   2-14  7.104(e)(2), Education Code, in engrossed version), to read as
   2-15  follows:
   2-16        (e)  Except as provided by Subsection (f), a school campus or
   2-17  district may not receive an exemption or waiver under this section
   2-18  from:
   2-19        . . .
   2-20              (3)  a requirement, restriction, or prohibition
   2-21  relating to:
   2-22        . . .
   2-23                    (B)  public school accountability as provided by
   2-24  Subchapters B, C, D, and G, Chapter 39;
   2-25        Explanation:  This change is necessary to conform to changes
   2-26  made to Chapter 39, relating to the applicability of that chapter
   2-27  to school districts operating under a charter.
    3-1        (5)  Senate Rule 12.03(1) is suspended to permit the
    3-2  committee to substitute "purchasing" for "competitive bidding" in
    3-3  Section 7.056(e)(3)(E), Education Code (Section 7.104(e)(12),
    3-4  Education Code, in engrossed version).
    3-5        Explanation:  This change is necessary to conform to
    3-6  Subchapter B, Chapter 44, which pertains not only to competitive
    3-7  bidding but also to purchasing by other means.
    3-8        (6)  Senate Rule 12.03(1) is suspended to permit the
    3-9  committee to amend Section 7.056(f)(3)(A), Education Code (Section
   3-10  7.104(f)(2), Education Code, in engrossed version), to read as
   3-11  follows:
   3-12        (f)  A school district or campus that is required to develop
   3-13  and implement a student achievement improvement plan under Section
   3-14  39.131 may receive an exemption or waiver under this section from
   3-15  any law or rule other than:
   3-16        . . .
   3-17              (3)  a requirement, restriction, or prohibition imposed
   3-18  by state law or rule relating to:
   3-19                    (A)  public school accountability as provided by
   3-20  Subchapters B, C, D, and G, Chapter 39; or . . . .
   3-21        Explanation:  This change is necessary to conform to changes
   3-22  made to Chapter 39, relating to the applicability of that chapter
   3-23  to school districts operating under a charter.
   3-24        (7)  Senate Rule 12.03(3) is suspended to permit the
   3-25  committee to add text in Section 7.056(f)(4), Education Code
   3-26  (Section 7.104(f), Education Code, in engrossed version), to read
   3-27  as follows:
    4-1        (f)  A school district or campus that is required to develop
    4-2  and implement a student achievement improvement plan under Section
    4-3  39.131 may receive an exemption or waiver under this section from
    4-4  any law or rule other than:
    4-5        . . .
    4-6              (4)  textbook selection under Chapter 31.
    4-7        Explanation:  This change is necessary to prohibit a school
    4-8  district or campus that is required to develop and implement a
    4-9  student achievement improvement plan from receiving an exemption or
   4-10  waiver from requirements regarding textbook selection.
   4-11        (8)  Senate Rule 12.03(3) is suspended to permit the
   4-12  committee to add text in Section 7.057(b), Education Code (Section
   4-13  7.105(b), Education Code, in engrossed version), to read as
   4-14  follows:
   4-15        (b)  Except as provided by Subsection (c), the commissioner,
   4-16  after due notice to the parties interested, shall hold a hearing
   4-17  and issue a decision without cost to the parties involved.  In
   4-18  conducting a hearing under this subsection, the commissioner has
   4-19  the same authority relating to discovery and conduct of a hearing
   4-20  as an independent hearing examiner has under Subchapter F, Chapter
   4-21  21.  This section does not deprive any party of any legal remedy.
   4-22        Explanation:  This change is necessary to clarify the
   4-23  authority of the commissioner in conducting a hearing.
   4-24        (9)  Senate Rule 12.03(1) is suspended to permit the
   4-25  committee to amend Section 7.105, Education Code (Section 7.055,
   4-26  Education Code, in engrossed version), to read as follows:
   4-27        Sec. 7.105.  COMPENSATION AND REIMBURSEMENT.  (a)  A member
    5-1  of the board is not entitled to receive compensation.
    5-2        (b)  A member of the board is entitled to reimbursement of
    5-3  the member's expenses as provided by law.
    5-4        Explanation:  This change is necessary because the reference
    5-5  to reimbursement of expenses as provided by law includes the
    5-6  specific instances in which reimbursement is permitted as provided
    5-7  by the senate and house versions of the bill.
    5-8        (10)  Senate Rule 12.03(1) is suspended to permit the
    5-9  committee to strike references in Section 7.109, Education Code
   5-10  (Section 7.061, Education Code, in engrossed version), to the
   5-11  "State Board for Career and Technical Education" and substitute
   5-12  references to the "State Board for Career and Technology
   5-13  Education."
   5-14        Explanation:  This change is necessary to conform to language
   5-15  used in federal law.
   5-16        (11)  Senate Rule 12.03(4) is suspended to permit the
   5-17  committee to add text to Section 11.051(c), Education Code, to read
   5-18  as follows:
   5-19  A board of trustees that votes to increase its membership must
   5-20  consider whether the district would benefit from also adopting a
   5-21  single-member election system under Section 11.052.
   5-22        Explanation:  This change is necessary to require a board of
   5-23  trustees that decides to increase its membership to consider the
   5-24  benefits of adopting single-member trustee districts.
   5-25        (12)  Senate Rule 12.03(4) is suspended to permit the
   5-26  committee to add Subdivision (13) to Section 11.158(a), Education
   5-27  Code (Section 12.109(a), Education Code, in engrossed version;
    6-1  Section 11.108(a), Education Code, in house special printing), to
    6-2  read as follows:
    6-3              (13)  a fee for a course offered during summer school,
    6-4  except that the board may charge a fee for a course required for
    6-5  graduation only if the course is offered without a fee during the
    6-6  regular school year.
    6-7        Explanation:  This change is necessary to allow the board of
    6-8  trustees of an independent school district to continue to charge a
    6-9  fee for certain summer school courses.  Under current law boards
   6-10  may charge the fee based on a rule adopted by the State Board of
   6-11  Education under Section 20.53(c), Education Code, which conveys
   6-12  broad authority for rules regarding fees.  Current Section 20.53(c)
   6-13  is omitted from S.B. 1.  As a result, specific authority for the
   6-14  particular fee is necessary.
   6-15        (13)  Senate Rule 12.03(1) is suspended to permit the
   6-16  committee to delete "vocational-technical" and substitute "career
   6-17  and technology" in Section 11.158(g), Education Code (Section
   6-18  12.109(f), Education Code, in engrossed version; Section 11.108(g),
   6-19  Education Code, in house special printing).
   6-20        Explanation:  The language is changed to conform with
   6-21  terminology used in federal law.
   6-22        (14)  Senate Rule 12.03(1) is suspended to permit the
   6-23  committee to amend Section 11.159(a), Education Code (Section
   6-24  12.110(a), Education Code, in engrossed version; Section 11.109,
   6-25  Education Code, in house special printing), to read as follows:
   6-26        (a)  The State Board of Education shall provide a training
   6-27  course for independent school district trustees to be offered by
    7-1  the regional education service centers.  Registration for a course
    7-2  must be open to any interested person, including current and
    7-3  prospective board members, and the state board may prescribe a
    7-4  registration fee designed to offset the costs of providing that
    7-5  course.
    7-6        Explanation:  This change is necessary to authorize regional
    7-7  education service centers to be the sole provider of training
    7-8  courses designed by the State Board of Education for members of
    7-9  boards of trustees.
   7-10        (15)  Senate Rule 12.03(4) is suspended to permit the
   7-11  committee to add Section 12.003, Education Code, to read as
   7-12  follows:
   7-13        Sec. 12.003.  AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER
   7-14  CHARTERS.  This chapter does not limit the authority of the board
   7-15  of trustees of a school district to grant a charter to a campus or
   7-16  program to operate in accordance with the other provisions of this
   7-17  title and rules adopted under those provisions.
   7-18        Explanation:  This change is necessary to clarify that the
   7-19  board of trustees of a school district can create a "charter
   7-20  school" on its own, but such a school is not exempt from Title 2.
   7-21        (16)  Senate Rule 12.03(4) is suspended to permit the
   7-22  committee to add Subsection (b) to Section 12.011, Education Code
   7-23  (Section 11.051, Education Code, in engrossed version; Section
   7-24  12.011, Education Code, in house special printing), to read as
   7-25  follows:
   7-26        (b)  The adoption of a home-rule school district charter by a
   7-27  school district does not affect:
    8-1              (1)  the district's boundaries; or
    8-2              (2)  taxes or bonds of the district authorized before
    8-3  the effective date of the charter.
    8-4        Explanation:  This change is necessary to preclude legal
    8-5  questions as to a school district's boundaries or its ability to
    8-6  levy a tax or sell bonds that were approved before the district
    8-7  adopted a home-rule charter.
    8-8        (17)  Senate Rule 12.03(3) is suspended to permit the
    8-9  committee to add Subsection (a) to Section 12.013, Education Code
   8-10  (Section 11.053, Education Code, in engrossed version; Section
   8-11  12.013, Education Code, in house special printing), to read as
   8-12  follows:
   8-13        (a)  A home-rule school district has the powers and
   8-14  entitlements granted to school districts and school district boards
   8-15  of trustees under this title, including taxing authority.
   8-16        Explanation:  This change is necessary to clarify that a
   8-17  home-rule school district has the same entitlements under Title 2
   8-18  as any other school district.
   8-19        (18)  Senate Rule 12.03(4) is suspended to permit the
   8-20  committee to add text to Section 12.015(b), Education Code (Section
   8-21  11.055, Education Code, in engrossed version; Section 12.015,
   8-22  Education Code, in house special printing), to read as follows:
   8-23        The membership of the charter commission must reflect the
   8-24  racial, ethnic, socioeconomic, and geographic diversity of the
   8-25  district.
   8-26        Explanation:  This change is necessary to ensure that a
   8-27  home-rule charter commission reflects the racial, ethnic,
    9-1  socioeconomic, and geographic diversity of the school district.
    9-2        (19)  Senate Rule 12.03(2) is suspended to permit the
    9-3  committee to omit Subdivision (2) of Section 11.056, Education Code
    9-4  (engrossed version), and Subdivision (2) of Section 12.016,
    9-5  Education Code (house special printing), which reads as follows:
    9-6              (2)  specify the district requirements on elementary
    9-7  school class-size limits;
    9-8        Explanation:  This change is necessary to conform to changes
    9-9  made to Section 12.013(b), which provide that a home-rule school
   9-10  district is subject to elementary school class-size limits only in
   9-11  the case of a low-performing campus.
   9-12        (20)  Senate Rule 12.03(4) is suspended to permit the
   9-13  committee to add Section 12.017(a), Education Code (Section
   9-14  12.0161, Education Code, in house special printing), to read as
   9-15  follows:
   9-16        (a)  The charter commission shall submit the proposed charter
   9-17  to the secretary of state.  The secretary of state shall determine
   9-18  whether a proposed charter contains a change in the governance of
   9-19  the school district.
   9-20        Explanation:  This change is necessary to require a charter
   9-21  commission to submit a proposed home-rule charter to the secretary
   9-22  of state so that the secretary may review the charter and if
   9-23  necessary recommend to the governing body that the charter should
   9-24  be submitted for preclearance under the Voting Rights Act.
   9-25        (21)  Senate Rule 12.03(4) is suspended to permit the
   9-26  committee to add Section 12.018, Education Code (Section 11.057,
   9-27  Education Code, in engrossed version; Section 12.017, Education
   10-1  Code, in house special printing), to read as follows:
   10-2        Sec. 12.018.  LEGAL REVIEW.  The charter commission shall
   10-3  submit the proposed charter to the commissioner.  As soon as
   10-4  practicable, but not later than the 30th day after the date the
   10-5  commissioner receives the proposed charter, the commissioner shall
   10-6  review the proposed charter to ensure that the proposed charter
   10-7  complies with any applicable laws and shall recommend to the
   10-8  charter commission any modifications necessary.  If the
   10-9  commissioner does not act within the prescribed time, the proposed
  10-10  charter is approved.
  10-11        Explanation:  This change is necessary to require a charter
  10-12  commission to submit a proposed home-rule charter to the
  10-13  commissioner and to clarify that the 30-day period provided to the
  10-14  commissioner for reviewing a proposed charter begins on the date
  10-15  the commissioner receives the charter.
  10-16        (22)  Senate Rule 12.03(1) is suspended to permit the
  10-17  committee to strike "board of trustees" and substitute "governing
  10-18  body" in Sections 12.020(a), (b), (d), and (i), Education Code
  10-19  (Section 11.059, Education Code, in engrossed version; Section
  10-20  12.019, Education Code, in house special printing).
  10-21        Explanation:  This change is necessary because a home-rule
  10-22  school district may adopt a governing structure that does not
  10-23  include a "board of trustees."
  10-24        (23)  Senate Rule 12.03(4) is suspended to permit the
  10-25  committee to add Subsection (j) to Section 12.020, Education Code
  10-26  (Section 11.059, Education Code, in engrossed version; Section
  10-27  12.019, Education Code, in house special printing), to read as
   11-1  follows:
   11-2        (j)  Section 12.017 applies to a proposed charter amendment,
   11-3  except that the governing body shall submit the proposed charter
   11-4  amendment to the secretary of state.
   11-5        Explanation:  This change is necessary to require the
   11-6  governing body of a home-rule school district to submit a proposed
   11-7  charter amendment to the secretary of state so that the secretary
   11-8  may review the amendment and if necessary recommend to the
   11-9  governing body that the amendment should be submitted for
  11-10  preclearance under the Voting Rights Act.
  11-11        (24)  Senate Rule 12.03(4) is suspended to permit the
  11-12  committee to add Subsection (c) to Section 12.021, Education Code
  11-13  (Section 11.060, Education Code, in engrossed version; Section
  11-14  12.020, Education Code, in house special printing), to read as
  11-15  follows:
  11-16        (c)  As soon as practicable after a school district adopts a
  11-17  home-rule school district charter or charter amendment, the board
  11-18  of trustees or governing body shall notify the commissioner of the
  11-19  outcome of the election.
  11-20        Explanation:  This change is necessary to require the board
  11-21  of trustees or governing body to notify the commissioner of the
  11-22  outcome of an election on a home-rule charter or charter amendment,
  11-23  without regard to whether the charter or amendment is adopted or
  11-24  rejected.
  11-25        (25)  Senate Rule 12.03(4) is suspended to permit the
  11-26  committee to add Section 12.027(c), Education Code (Section
  11-27  11.065(c), Education Code, in engrossed version; Section 12.025,
   12-1  Education Code, in house special printing), to read as follows:
   12-2        (c)  A district whose home-rule school district charter is
   12-3  revoked or rescinded under this subchapter shall operate under the
   12-4  other provisions of Title 1 and this title that apply to school
   12-5  districts.
   12-6        Explanation:  This change adds a reference to a home-rule
   12-7  school district charter that is rescinded to conform to Section
   12-8  12.030.
   12-9        (26)  Senate Rule 12.03(4) is suspended to permit the
  12-10  committee to add Section 12.030, Education Code, to read as
  12-11  follows:
  12-12        Sec. 12.030.  RESCISSION OF CHARTER.  (a)  A home-rule school
  12-13  district charter may be rescinded as provided by this section.
  12-14        (b)  The governing body of the district shall order an
  12-15  election on the question of rescinding a home-rule school district
  12-16  charter if:
  12-17              (1)  the governing body receives a petition requesting
  12-18  a rescission election signed by at least five percent of the
  12-19  registered voters of the district; or
  12-20              (2)  at least two-thirds of the total membership of the
  12-21  governing body adopt a resolution ordering that a rescission
  12-22  election be held.
  12-23        (c)  As soon as practicable after the date of receipt or
  12-24  adoption of a resolution under Subsection (b), the governing body
  12-25  shall order an election.
  12-26        (d)  The proposition to rescind the home-rule school district
  12-27  charter shall be submitted to the voters of the district at an
   13-1  election to be held on the first uniform election date that occurs
   13-2  at least 45 days after the date on which the governing body orders
   13-3  the election.
   13-4        (e)  The ballot shall be printed to permit voting for or
   13-5  against the proposition:  "Whether the home-rule school district
   13-6  charter of (name of school district) shall be rescinded so that the
   13-7  school district becomes an independent school district."
   13-8        (f)  A home-rule school district charter is rescinded if the
   13-9  rescission is approved by a majority of the qualified voters of the
  13-10  district voting at an election held for that purpose at which at
  13-11  least 25 percent of the registered voters of the district vote.
  13-12        (g)  The rescission takes effect on a date established by
  13-13  resolution of the governing body but not later than the 90th day
  13-14  after the date of an election held under this section at which
  13-15  rescission of the charter is approved and at which the number of
  13-16  registered voters required under Subsection (f) vote.  As soon as
  13-17  practicable after that election, the governing body shall notify
  13-18  the commissioner and the secretary of state of the results of the
  13-19  election and of the effective date of the rescission.
  13-20        (h)  The rescission of a home-rule school district charter
  13-21  under this section does not affect:
  13-22              (1)  the district's boundaries; or
  13-23              (2)  taxes or bonds of the district authorized before
  13-24  the effective date of the rescission.
  13-25        Explanation:  This change is necessary to permit a home-rule
  13-26  school district to voluntarily return to the status the district
  13-27  had before adopting the home-rule charter.
   14-1        (27)  Senate Rule 12.03(4) is suspended to permit the
   14-2  committee to add Subsection (c) to Section 12.057, Education Code
   14-3  (Section 11.204, Education Code, in engrossed version; Section
   14-4  12.057, Education Code, in house special printing), to read as
   14-5  follows:
   14-6        (c)  The campus or program is immune from liability to the
   14-7  same extent as a school district, and its employees and volunteers
   14-8  are immune from liability to the same extent as school district
   14-9  employees and volunteers.
  14-10        Explanation:  This change is necessary to provide that a
  14-11  campus or program for which a charter is granted, and the campus's
  14-12  or program's employees and volunteers, have the same immunity from
  14-13  liability as a school district and its employees and volunteers.
  14-14        (28)  Senate Rule 12.03(4) is suspended to permit the
  14-15  committee to add Section 12.101(a), Education Code (Section
  14-16  11.151(a), Education Code, in engrossed version; Section 12.101(a),
  14-17  Education Code, in house special printing), to read as follows:
  14-18        (a)  In accordance with this subchapter, the State Board of
  14-19  Education may grant a charter on the application of an eligible
  14-20  entity for an open-enrollment charter school to operate in a
  14-21  facility of a commercial or nonprofit entity or a school district,
  14-22  including a home-rule school district.  In this subsection,
  14-23  "eligible entity" means:
  14-24              (1)  an institution of higher education as defined
  14-25  under Section 61.003;
  14-26              (2)  a private or independent institution of higher
  14-27  education as defined under Section 61.003;
   15-1              (3)  an organization that is exempt from taxation under
   15-2  Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
   15-3  501(c)(3)); or
   15-4              (4)  a governmental entity.
   15-5        Explanation:  This change is necessary to limit the entities
   15-6  that may obtain a charter for an open-enrollment school.
   15-7        (29)  Senate Rule 12.03(4) is suspended to permit the
   15-8  committee to add Subdivision (4) to Section 12.102, Education Code
   15-9  (Section 11.152, Education Code, in engrossed version; Section
  15-10  12.012, Education Code, in house special printing), to read as
  15-11  follows:
  15-12              (4)  does not have authority to impose taxes.
  15-13        Explanation:  This change is necessary to clarify that an
  15-14  open-enrollment charter school does not have taxing authority.
  15-15        (30)  Senate Rule 12.03(1) is suspended to permit the
  15-16  committee to amend Section 12.106(a), Education Code (Section
  15-17  11.157(a), Education Code, in engrossed version; Section 12.106(a),
  15-18  Education Code, in house special printing), to read as follows:
  15-19        (a)  An open-enrollment charter school is entitled to the
  15-20  distribution from the available school fund for a student attending
  15-21  the open-enrollment charter school to which the district in which
  15-22  the student resides would be entitled.
  15-23        Explanation:  This change is necessary to clarify the amount
  15-24  of the distribution from the available school fund to which an
  15-25  open-enrollment charter school is entitled.
  15-26        (31)  Senate Rule 12.03(4) is suspended to permit the
  15-27  committee to add text to Section 12.111(6), Education Code (Section
   16-1  11.162(6), Education Code, in engrossed version; Section 12.110,
   16-2  Education Code, in house special printing), to read as follows:
   16-3              (6)  prohibit discrimination in admission policy on the
   16-4  basis of . . . the district the child would otherwise attend in
   16-5  accordance with this code . . . .
   16-6        Explanation:  This change is necessary to prohibit an
   16-7  open-enrollment charter school from discriminating in its admission
   16-8  policy on the basis of the district in which a child would
   16-9  otherwise attend school.
  16-10        (32)  Senate Rule 12.03(4) is suspended to permit the
  16-11  committee to add Subdivision (14) to Section 12.111, Education Code
  16-12  (Section 11.162, Education Code, in engrossed version; Section
  16-13  12.110, Education Code, in house special printing), to read as
  16-14  follows:
  16-15              (14)  specify any type of enrollment criteria to be
  16-16  used.
  16-17        Explanation:  This change is necessary to require that the
  16-18  charter of an open-enrollment charter school specify the school's
  16-19  enrollment criteria.
  16-20        (33)  Senate Rule 12.03(2) is suspended to permit the
  16-21  committee to omit text in Section 13.054(f), Education Code
  16-22  (Section 13.058(f), Education Code, in engrossed version).  The
  16-23  omitted text reads as follows:
  16-24        A district that receives an adjustment to its local fund
  16-25  assignment under this section is not eligible for incentive aid
  16-26  under Subchapter G.
  16-27        Explanation:  This change is necessary because Section
   17-1  13.054, Education Code, pertains to annexation, rather than
   17-2  consolidation, of certain school districts, and incentive aid
   17-3  payments under Subchapter G, Chapter 13, are available only to
   17-4  certain school districts created through consolidation.
   17-5        (34)  Senate Rule 12.03(1) is suspended to permit the
   17-6  committee to amend the heading of Section 13.205, Education Code
   17-7  (Section 13.125, Education Code, in engrossed version), to read as
   17-8  follows:
   17-9        Sec. 13.205.  DISPOSITION OF TERRITORY; AFFAIRS OF ABOLISHED
  17-10  DISTRICT.
  17-11        Explanation:  This change is necessary to clarify the
  17-12  contents of the section.
  17-13        (35)  Senate Rule 12.03(1) is suspended to permit the
  17-14  committee to substitute "state minimum personal leave program" for
  17-15  "state minimum sick leave program" in Section 19.009(f), Education
  17-16  Code.
  17-17        Explanation:  This change is necessary to conform to changes
  17-18  made by the committee to Section 22.003.
  17-19        (36)  Senate Rule 12.03(1) is suspended to permit the
  17-20  committee to change the text of Section 21.003, Education Code, to
  17-21  read as follows:
  17-22        Sec. 21.003.  CERTIFICATION REQUIRED.  (a)  A person may not
  17-23  be employed as a teacher, teacher intern or teacher trainee,
  17-24  librarian, educational aide, administrator, or counselor by a
  17-25  school district unless the person holds an appropriate certificate
  17-26  or permit issued as provided by Subchapter B.
  17-27        (b)  A person may not be employed by a school district as an
   18-1  audiologist, occupational therapist, physical therapist, physician,
   18-2  nurse, school psychologist, associate school psychologist, social
   18-3  worker, or speech language pathologist unless the person is
   18-4  licensed by the state agency that licenses that profession.  A
   18-5  person may perform specific services within those professions for a
   18-6  school district only if the person holds the appropriate credential
   18-7  from the appropriate state agency.
   18-8        Explanation:  This change is necessary to clarify the text of
   18-9  this section and to conform to other changes made by the bill.
  18-10        (37)  Senate Rule 12.03(1) is suspended to permit the
  18-11  committee to change text in Section 21.102(c), Education Code
  18-12  (Section 21.152, Education Code, in the engrossed version), to read
  18-13  as follows:
  18-14        (c)  An employment contract may not extend the probationary
  18-15  contract period beyond the end of the third consecutive school year
  18-16  of the teacher's employment by the school district unless, during
  18-17  the third year of a teacher's probationary contract, the board of
  18-18  trustees determines that it is doubtful whether the teacher should
  18-19  be given a continuing contract or a term contract.  If the board
  18-20  makes that determination, the district may make a probationary
  18-21  contract with the teacher for a term ending with the fourth
  18-22  consecutive school year of the teacher's employment with the
  18-23  district, at which time the district shall:
  18-24              (1)  terminate the employment of the teacher; or
  18-25              (2)  employ the teacher under a continuing contract or
  18-26  a term contract as provided by Subchapter D or E, according to
  18-27  district policy.
   19-1        Explanation:  This change is necessary to allow a school
   19-2  district to employ a teacher under a probationary contract for a
   19-3  fourth year if necessary.
   19-4        (38)  Senate Rule 12.03(2) is suspended to permit the
   19-5  committee to omit text relating to hearings under probationary
   19-6  contracts (Section 21.153(b), Education Code, in engrossed version;
   19-7  Section 21.107, Education Code, in house special printing), which
   19-8  reads as follows:
   19-9        (b)  <Sec. 13.104.  HEARING.>  A <In event a> teacher holding
  19-10  a probationary contract who is notified of the district's intention
  19-11  <of the board of trustees> to terminate the teacher's <his>
  19-12  employment at the end of the teacher's <his> current contract
  19-13  period is entitled, on<, he shall have a right upon> written
  19-14  request, to an informal <a> hearing before the board of trustees or
  19-15  a subcommittee of the board, according to board policy.  At the<,
  19-16  and at such> hearing, the teacher shall be given the reasons for
  19-17  termination of the teacher's <his> employment.   After the <such>
  19-18  hearing, the board of trustees or board subcommittee may confirm or
  19-19  revoke the <its previous action of> termination.  The<; but in any
  19-20  event, the> decision of the board of trustees or board subcommittee
  19-21  is <shall be> final and non-appealable.
  19-22        Explanation:  This change is necessary to omit requirements
  19-23  relating to hearings for a teacher dismissed at the end of a
  19-24  probationary period.
  19-25        (39)  Senate Rule 12.03(4) is suspended to permit the
  19-26  committee to add Section 21.106, Education Code, to read as
  19-27  follows:
   20-1        Sec. 21.106.  RETURN TO PROBATIONARY STATUS.  (a)  In lieu of
   20-2  discharging a teacher employed under a continuing contract,
   20-3  terminating a teacher employed under a term contract, or not
   20-4  renewing a teacher's term contract, a school district may, with the
   20-5  written consent of the teacher, return the teacher to probationary
   20-6  contract status.
   20-7        (b)  A teacher may agree to be returned to probationary
   20-8  contract status only after receiving written notice of the proposed
   20-9  discharge, termination, or nonrenewal.
  20-10        (c)  A teacher returned to probationary contract status must
  20-11  serve a new probationary contract period as provided by Section
  20-12  21.102 as if the teacher were employed by the district for the
  20-13  first time.
  20-14        Explanation:  This change is necessary to allow a school
  20-15  district to return a teacher to probationary contract status in
  20-16  lieu of discharging or terminating the teacher or not renewing the
  20-17  teacher's contract.
  20-18        (40)  Senate Rule 12.03(1) is suspended to permit the
  20-19  committee to change text in Section 21.153(a), Education Code
  20-20  (Section 21.203, Education Code, in engrossed version; Section
  20-21  21.108, Education Code, in house special printing), to read as
  20-22  follows:
  20-23        A school district that employs a teacher under a probationary
  20-24  contract for the third or, if permitted, fourth consecutive year of
  20-25  service and that elects to employ the teacher in future years under
  20-26  a continuing contract shall notify the teacher in writing of the
  20-27  teacher's election to continuing contract status.
   21-1        Explanation:  This change is necessary to allow a school
   21-2  district to employ a teacher under a probationary contract for a
   21-3  fourth year if necessary.
   21-4        (41)  Senate Rule 12.03(3) is suspended to permit the
   21-5  committee to add Subdivision (5) to Section 21.154, Education Code
   21-6  (Section 21.204, Education Code, in engrossed version; Section
   21-7  21.102, Education Code, in house special printing), to read as
   21-8  follows:
   21-9              (5)  is discharged for a reason stated in the teacher's
  21-10  contract that existed on or before September 1, 1995, and in
  21-11  accordance with the procedures prescribed by this chapter; or
  21-12        Explanation:  This change is necessary to permit discharge of
  21-13  a teacher for a reason stated in a contract that existed before the
  21-14  effective date of the bill.
  21-15        (42)  Senate Rule 12.03(1) is suspended to permit the
  21-16  committee to change the text of Section 21.158(a), Education Code
  21-17  (21.208(a), Education Code, in engrossed version; Section
  21-18  21.109(a), in house special printing), to read as follows:
  21-19        (a)  Before a teacher employed under a continuing contract
  21-20  may be discharged, suspended without pay, or released because of a
  21-21  necessary reduction of personnel, the board of trustees must notify
  21-22  the teacher in writing of the proposed action and the grounds for
  21-23  the action.
  21-24        Explanation:  This change is necessary to conform to other
  21-25  changes made by the committee.
  21-26        (43)  Senate Rule 12.03(2) is suspended to permit the
  21-27  committee to omit provisions relating to suspension without pay
   22-1  pending discharge (Section 21.209, Education Code, in engrossed
   22-2  version; Section 21.111, Education Code, in house special
   22-3  printing), which read as follows:
   22-4        Sec. 21.209 <13.113>.  SUSPENSION WITHOUT PAY PENDING
   22-5  DISCHARGE.  If the district proposes to <proposed action be>
   22-6  discharge <of> the teacher for a reason listed <any of the reasons
   22-7  set forth> in Section 21.206 <13.109 of this code>, the
   22-8  superintendent may, without a hearing, suspend the teacher <may be
   22-9  suspended> without pay.  If a teacher is suspended under this
  22-10  section, the hearing on the proposed discharge may <by order of the
  22-11  board of trustees, or by the superintendent of schools if such
  22-12  power has been delegated to him by express regulation previously
  22-13  adopted by the board of trustees, but in such event the hearing
  22-14  shall> not be delayed for more than 15 days after the date the
  22-15  teacher requests a <request for> hearing, unless by written consent
  22-16  of the teacher.  If the teacher is reinstated, the teacher shall
  22-17  immediately be paid any compensation withheld during any period of
  22-18  suspension without pay.
  22-19        Explanation:  This change is necessary to delete the
  22-20  provision authorizing suspension of teachers without pay.
  22-21        (44)  Senate Rule 12.03(3) is suspended to permit the
  22-22  committee to add "in consultation with the State Office of
  22-23  Administrative Hearings" to Section 21.252(a), Education Code
  22-24  (Section 21.302(a), Education Code, in engrossed version; Section
  22-25  21.163(a), Education Code, in house special printing).
  22-26        Explanation:  This change is necessary to require the State
  22-27  Board of Education to consult with the State Office of
   23-1  Administrative Hearings before adopting rules for certifying
   23-2  hearing examiners.
   23-3        (45)  Senate Rule 12.03(1) is suspended to permit the
   23-4  committee to change the text of Section 21.252(b), Education Code
   23-5  (Section 21.302(c), Education Code, in engrossed version; Section
   23-6  21.163(b), Education Code, in house special printing), to read as
   23-7  follows:
   23-8        (b)  The commissioner shall certify hearing examiners
   23-9  according to the criteria established under Subsection (a).  A
  23-10  person certified as a hearing examiner or the law firm with which
  23-11  the person is associated may not serve as an agent or
  23-12  representative of:
  23-13              (1)  a school district;
  23-14              (2)  a teacher in any dispute with a school district;
  23-15  or
  23-16              (3)  an organization of school employees, school
  23-17  administrators, or school boards.
  23-18        Explanation:  This change is necessary to prohibit employment
  23-19  of a hearing examiner who is currently serving or associated with
  23-20  agents or representatives of certain persons or entities, without
  23-21  regard to whether the hearing examiner has served in that capacity
  23-22  in the past.
  23-23        (46)  Senate Rule 12.03(4) is suspended to permit the
  23-24  committee to add text to Section 21.301(d), Education Code (Section
  23-25  21.315, Education Code, in engrossed version; Section 21.165,
  23-26  Education Code, in house special printing), to read as follows:
  23-27        In conducting a hearing under this subchapter, the
   24-1  commissioner has the same authority relating to discovery and
   24-2  conduct of a hearing as an independent hearing examiner has under
   24-3  Subchapter F.
   24-4        Explanation:  This change is necessary to allow the
   24-5  commissioner to issue subpoenas and maintain decorum at a hearing
   24-6  in an appeal concerning a teacher contract dispute.
   24-7        (47)  Senate Rule 12.03(4) is suspended to permit the
   24-8  committee to add Paragraph (B) to Section 21.352(a)(2), Education
   24-9  Code (Section 21.272, Education Code, in both engrossed version and
  24-10  house special printing), to read as follows:
  24-11                    (B)  containing the items described by Sections
  24-12  21.351(a)(1) and (2); and
  24-13        Explanation:  This change is necessary to require that a
  24-14  teacher appraisal process developed by a board of trustees include
  24-15  as part of the appraisal the teacher's implementation of discipline
  24-16  management programs and the performance of the teacher's students.
  24-17        (48)  Senate Rule 12.03(3) is suspended to permit the
  24-18  committee to add text to Section 21.352, Education Code (Section
  24-19  21.272, Education Code, in both engrossed version and house special
  24-20  printing), to read as follows:
  24-21        (b)  The board of trustees may reject an appraisal process
  24-22  and performance criteria developed by the district- and
  24-23  campus-level committees but may not modify the process or criteria.
  24-24        Explanation:  This change is necessary to make clear that the
  24-25  board of trustees may reject an appraisal process and performance
  24-26  criteria but may not modify them.
  24-27        (49)  Senate Rule 12.03(2) is suspended to permit the
   25-1  committee to omit the following text from Section 21.401, Education
   25-2  Code (Section 21.401, Education Code, in engrossed version; Section
   25-3  21.301, Education Code, in house special printing):
   25-4        An educator employed under an 11-month contract must provide
   25-5  a minimum of 210 days of service.  An educator employed under a
   25-6  12-month contract must provide a minimum of 230 days of service.
   25-7        Explanation:  This change is necessary to eliminate
   25-8  requirements relating to educators employed under 11-month and
   25-9  12-month contracts.
  25-10        (50)  Senate Rule 12.03(1) is suspended to permit the
  25-11  committee to strike "at least 225 minutes in the school week" and
  25-12  substitute "at least 450 minutes within each two-week period" in
  25-13  Section 21.404(a), Education Code (Section 21.405(a), Education
  25-14  Code, in engrossed version; Section 21.304(a), Education Code, in
  25-15  house special printing).
  25-16        Explanation:  This change is necessary to give districts
  25-17  greater flexibility in scheduling teachers' planning and
  25-18  preparation periods.
  25-19        (51)  Senate Rule 12.03(2) is suspended to permit the
  25-20  committee to omit text relating to teacher preparation, staff
  25-21  development, and continuing education (Section 21.451, Education
  25-22  Code, in engrossed version; Section 21.351, Education Code, in
  25-23  house special printing), which reads as follows:
  25-24        Sec. 21.451 <16.052>.  <OPERATION OF SCHOOLS;> TEACHER
  25-25  PREPARATION, <AND> STAFF DEVELOPMENT, AND CONTINUING EDUCATION.
  25-26  (a)  Except as provided by Subsection (b) or Section 25.084, for
  25-27  each school year, each <Each> school district must provide for not
   26-1  less than:
   26-2              (1)  three <180 days of instruction for students and
   26-3  not less than three> days of preparation for classroom teachers;
   26-4              (2)  four days of staff development; and
   26-5              (3)  three days of continuing education for educators
   26-6  to fulfill requirements adopted by State Board for Educator
   26-7  Certification rule <for each school year, except as provided in
   26-8  Subsection (c) of this section>.
   26-9        Explanation:  This change is necessary to omit specific
  26-10  mandates relating to teacher preparation, staff development, and
  26-11  continuing education.
  26-12        (52)  Senate Rule 12.03(1) is suspended to permit the
  26-13  committee to change the text of Section 21.452, Education Code
  26-14  (Section 21.452, Education Code, in engrossed version; Section
  26-15  21.352, Education Code, in house special printing), to read as
  26-16  follows:
  26-17        Sec. 21.452.  STAFF DEVELOPMENT REQUIREMENTS.  (a)  The staff
  26-18  development provided by a school district must be conducted in
  26-19  accordance with minimum standards developed by the commissioner for
  26-20  program planning, preparation, and improvement.  The staff
  26-21  development:
  26-22              (1)  must include technology training and training in
  26-23  conflict resolution and discipline strategies; and
  26-24              (2)  may include instruction as to what is permissible
  26-25  under law, including opinions of the United States Supreme Court,
  26-26  in regard to prayers in public school.
  26-27        (b)  The staff development must be predominantly
   27-1  campus-based, related to achieving campus performance objectives
   27-2  established under Section 11.253, and developed and approved by the
   27-3  campus-level committee established under Section 11.251.  Campus
   27-4  staff development may include activities that enable the campus
   27-5  staff to plan together to enhance existing skills, to share
   27-6  effective strategies, to reflect on curricular and instructional
   27-7  issues, to analyze student achievement results, to reflect on means
   27-8  of increasing student achievement, to study research, to practice
   27-9  new methods, to identify students' strengths and needs, to develop
  27-10  meaningful programs for students, to appropriately implement
  27-11  site-based decision-making, and to conduct action research.  The
  27-12  campus staff development activities may be conducted using study
  27-13  teams, individual research, peer coaching, workshops, seminars,
  27-14  conferences, or other reasonable methods that have the potential to
  27-15  improve student achievement.
  27-16        (c)  A school district may use district-wide staff
  27-17  development developed and approved through the district-level
  27-18  decision process under Section 11.251.
  27-19        Explanation:  These changes are necessary to conform to the
  27-20  change made by the committee that deletes the requirement for a
  27-21  minimum number of staff development days.
  27-22        (53)  Senate Rule 12.03(2) is suspended to permit the
  27-23  committee to omit Section 21.901, Education Code (Section 11.114,
  27-24  Education Code, in house special printing), which reads as follows:
  27-25        Sec. 21.901 <13.901>.  EMPLOYMENT CONSULTATION WITH TEACHERS.
  27-26  The board of trustees of each independent school district<, rural
  27-27  high school district, and common school district,> and district
   28-1  <their> administrative personnel<,> may consult with teachers with
   28-2  respect to matters of educational policy and conditions of
   28-3  employment.  A board<; and such boards> of trustees may adopt <and
   28-4  make> reasonable rules<, regulations> and make agreements to
   28-5  provide for such consultation.  This section does <shall> not limit
   28-6  or affect the power of the <said> trustees to <manage and> govern
   28-7  and oversee the management of the <said> schools.
   28-8        Explanation:  This change is necessary to delete unnecessary
   28-9  language.
  28-10        (54)  Senate Rules 12.03(1) and (2) are suspended to permit
  28-11  the committee to change text in Subdivision (1) of Section
  28-12  25.084(a), Education Code, to read as follows:
  28-13              (1)  the number of contract days of employees and the
  28-14  number of days of operation, including any time required for staff
  28-15  development, planning and preparation, and continuing education,
  28-16  otherwise required by law; . . . .
  28-17        Explanation:  This change is necessary to clarify that to
  28-18  provide year-round instruction, a school district may modify
  28-19  components comprising the number of employee contract days or days
  28-20  of school operation.
  28-21        (55)  Senate Rule 12.03(3) is suspended to permit the
  28-22  committee to add text to Section 25.111, Education Code, to read as
  28-23  follows:
  28-24        Sec. 25.111.  STUDENT/TEACHER RATIOS.  Except as provided by
  28-25  Section 25.112, each school district must employ a sufficient
  28-26  number of teachers certified under Subchapter B, Chapter 21, to
  28-27  maintain an average ratio of not less than one teacher for each 20
   29-1  students in average daily attendance.
   29-2        Explanation:  This change is necessary to clarify that in
   29-3  counting a teacher for purposes of computing student/teacher
   29-4  ratios, a teacher must have the appropriate certification to teach
   29-5  a particular class as determined in accordance with Subchapter B,
   29-6  Chapter 21.
   29-7        (56)  Senate Rule 12.03(4) is suspended to permit the
   29-8  committee to add Section 26.012, Education Code, to read as
   29-9  follows:
  29-10        Sec. 26.012.  FEE FOR COPIES.  The agency or a school
  29-11  district may charge a reasonable fee in accordance with Subchapter
  29-12  F, Chapter 552, Government Code, for copies of materials provided
  29-13  to a parent under this chapter.
  29-14        Explanation:  The added language is necessary to allow the
  29-15  Texas Education Agency or a school district to charge a parent a
  29-16  reasonable fee for copies of materials to which a parent has access
  29-17  under Chapter 26.
  29-18        (57)  Senate Rule 12.03(1) is suspended to permit the
  29-19  committee to delete "special education cooperatives" and substitute
  29-20  "shared services arrangements" in Section 29.001, Education Code.
  29-21        Explanation:  The language is changed to conform with current
  29-22  terminology and practice in providing special education services to
  29-23  children.
  29-24        (58)  Senate Rule 12.03(1) is suspended to permit the
  29-25  committee to delete "vocational" and substitute "career and
  29-26  technology" in Section 29.001(8), Education Code.
  29-27        Explanation:  The language is changed to conform with
   30-1  terminology used in federal law.
   30-2        (59)  Senate Rules 12.03(1) and (3) are suspended to permit
   30-3  the committee to add Section 29.007, Education Code, to read as
   30-4  follows:
   30-5        Sec. 29.007.  SHARED SERVICES ARRANGEMENTS.  School districts
   30-6  may enter into a written contract to jointly operate their special
   30-7  education programs.  The contract must be approved by the
   30-8  commissioner.  Funds to which the cooperating districts are
   30-9  entitled may be allocated to the districts jointly as shared
  30-10  services arrangement units or shared services arrangement funds in
  30-11  accordance with the shared services arrangement districts'
  30-12  agreement.
  30-13        Explanation:  The change in reference from "cooperatives" to
  30-14  "shared services arrangements" conforms with current terminology
  30-15  and practice in providing special education services to children.
  30-16  The language requiring a written contract to be executed and
  30-17  presented to the commissioner of education for approval is
  30-18  necessary to ensure proper provision of services and use of money
  30-19  in shared services arrangements.
  30-20        (60)  Senate Rule 12.03(1) is suspended to permit the
  30-21  committee to delete "special education cooperative" and substitute
  30-22  "shared services arrangement unit" in Section 29.008(a), Education
  30-23  Code.
  30-24        Explanation:  The language is changed to conform with current
  30-25  terminology and practice in providing special education services to
  30-26  children.
  30-27        (61)  Senate Rule 12.03(2) is suspended to permit the
   31-1  committee to omit Section 29.014, Education Code, which reads as
   31-2  follows:
   31-3        Sec. 29.014.  PILOT PROGRAM FOR INCLUSION.  The agency shall
   31-4  establish procedures and criteria for the allocation of funds
   31-5  appropriated under Section 42.151(l) (in house special printing;
   31-6  Section 42.151(m) in engrossed version) to school districts
   31-7  selected by the agency to establish a pilot program for the
   31-8  inclusion of students with disabilities in the regular classroom so
   31-9  that those students may receive an appropriate free public
  31-10  education in the least restrictive environment.  This section
  31-11  expires August 31, 1997.
  31-12        Explanation:  This deletion is necessary because there is no
  31-13  appropriation of funds for the program in the House or Senate
  31-14  version of Section 42.151.
  31-15        (62)  Senate Rule 12.03(1) is suspended to permit the
  31-16  committee to amend Section 29.054(b), Education Code (Section
  31-17  29.053(f), Education Code, in engrossed version; Section 29.054(b),
  31-18  Education Code, in house special printing), to read as follows:
  31-19        (b)  An application for an exception may be filed with the
  31-20  agency when a district is unable to hire a sufficient number of
  31-21  teachers with teaching certificates appropriate for bilingual
  31-22  education instruction to staff the required program.  The
  31-23  application must be accompanied by:
  31-24              (1)  documentation showing that the district has taken
  31-25  all reasonable affirmative steps to secure teachers with teaching
  31-26  certificates appropriate for bilingual education instruction and
  31-27  has failed;
   32-1              (2)  documentation showing that the district has
   32-2  affirmative hiring policies and procedures consistent with the need
   32-3  to serve limited English proficiency students;
   32-4              (3)  documentation showing that, on the basis of
   32-5  district records, no teacher having a teaching certificate
   32-6  appropriate for bilingual instruction or emergency credentials has
   32-7  been unjustifiably denied employment by the district within the
   32-8  past 12 months; and
   32-9              (4)  a plan detailing specific measures to be used by
  32-10  the district to eliminate the conditions that created the need for
  32-11  an exception.
  32-12        Explanation:  This change is necessary to correct obsolete
  32-13  terminology.  Educators do not receive bilingual education
  32-14  "endorsements."
  32-15        (63)  Senate Rule 12.03(1) is suspended to permit the
  32-16  committee to amend Section 29.061(a), Education Code (Section
  32-17  29.059(a), Education Code, in engrossed version; Section 29.061(a),
  32-18  Education Code, in house special printing), to read as follows:
  32-19        (a)  The State Board for Educator Certification shall provide
  32-20  for the issuance of teaching certificates appropriate for bilingual
  32-21  education instruction to teachers who possess a speaking, reading,
  32-22  and writing ability in a language other than English in which
  32-23  bilingual education programs are offered and who meet the general
  32-24  requirements of Chapter 21.  The board shall also provide for the
  32-25  issuance of teaching certificates appropriate for teaching English
  32-26  as a second language.  The board may issue emergency endorsements
  32-27  in bilingual education and in teaching English as a second
   33-1  language.
   33-2        Explanation:  The change is necessary to correct obsolete
   33-3  terminology.  Educators do not currently receive "endorsements" to
   33-4  provide bilingual education or English as a second language
   33-5  instruction.
   33-6        (64)  Senate Rule 12.03(1) is suspended to permit the
   33-7  committee to delete "remedial" and substitute "accelerated" in the
   33-8  the heading to Section 29.081, Education Code, and in Sections
   33-9  29.081(a), (b), and (c), Education Code.
  33-10        Explanation:  The terminology is changed to avoid the
  33-11  negative connotations of the term "remedial."
  33-12        (65)  Senate Rule 12.03(1) is suspended to permit the
  33-13  committee to delete each reference to "vocational" in Subchapter F,
  33-14  Chapter 29, Education Code (Sections 29.181-29.185), and substitute
  33-15  "career and technology."
  33-16        Explanation:  The language is changed to conform with
  33-17  terminology used in federal law.
  33-18        (66)  Senate Rule 12.03(1) is suspended to permit the
  33-19  committee to amend Section 29.251(1), Education Code, to read as
  33-20  follows:
  33-21              (1)  "Adult education" means services and instruction
  33-22  provided below the college level for adults by public local
  33-23  education agencies, public nonprofit agencies, or community-based
  33-24  organizations.
  33-25        Explanation:  The language is changed to conform to S.B. No.
  33-26  170 by Ellis, reported engrossed by the Senate on April 25, 1995.
  33-27        (67)  Senate Rule 12.03(2) is suspended to permit the
   34-1  committee to omit Section 29.251(5), Education Code, which reads as
   34-2  follows:
   34-3              (5)  "Educationally disadvantaged adult" has the
   34-4  meaning assigned by 20 U.S.C. Section 1201a.
   34-5        Explanation:  The definition is unnecessary as a result of
   34-6  the deletion of the term in Section 29.251(1).
   34-7        (68)  Senate Rule 12.03(1) is suspended to permit the
   34-8  committee to amend Section 29.253, Education Code, to read as
   34-9  follows:
  34-10        Sec. 29.253.  PROVISION OF ADULT EDUCATION PROGRAMS.  Adult
  34-11  education programs shall be provided by public school districts,
  34-12  public junior colleges, public universities, public nonprofit
  34-13  agencies, and community-based organizations approved in accordance
  34-14  with state statutes and rules adopted by the State Board of
  34-15  Education.  The programs must be designed to meet the education and
  34-16  training needs of adults to the extent possible within available
  34-17  public and private resources.  Bilingual education may be the
  34-18  method of instruction for students who do not function
  34-19  satisfactorily in English whenever it is appropriate for their
  34-20  optimum development.
  34-21        Explanation:  The language is changed to conform to S.B. No.
  34-22  170 by Ellis, reported engrossed by the Senate on April 25, 1995.
  34-23        (69)  Senate Rule 12.03(1) is suspended to permit the
  34-24  committee to amend Section 29.254, Education Code, to read as
  34-25  follows:
  34-26        Sec. 29.254.  ADULT EDUCATION ADVISORY COMMITTEE.  The State
  34-27  Board of Education may establish an adult education advisory
   35-1  committee composed of not more than 21 members representing public
   35-2  and private education, business, labor, minority groups, and the
   35-3  public to advise the board on needs, priorities, and standards of
   35-4  adult education programs conducted in accordance with this
   35-5  subchapter.
   35-6        Explanation:  The language is changed to allow participation
   35-7  of diverse groups in providing advice to the State Board of
   35-8  Education regarding adult education.
   35-9        (70)  Senate Rule 12.03(1) is suspended to permit the
  35-10  committee to amend Section 29.255(a), Education Code, to read as
  35-11  follows:
  35-12        (a)  Funds shall be appropriated to implement statewide adult
  35-13  basic education, adult bilingual education, high school
  35-14  equivalency, and high school credit programs to eliminate
  35-15  illiteracy in this state and to implement and support a statewide
  35-16  program to meet the total range of adult needs for adult education,
  35-17  related skill training, and pilot programs to demonstrate the
  35-18  effectiveness of the community education concept.  The agency shall
  35-19  ensure that public local education agencies, public nonprofit
  35-20  agencies, and community-based organizations have direct and
  35-21  equitable access to those funds.  An additional sum of money may be
  35-22  appropriated to the Texas Department of Commerce for the purpose of
  35-23  skill training in direct support of industrial expansion and
  35-24  start-up, and those locations, industries, and occupations
  35-25  designated by the Texas Department of Commerce, when such training
  35-26  is also in support of the basic purposes of this subchapter.  To
  35-27  fulfill the basic purposes of this subchapter, an additional sum of
   36-1  money may be appropriated for skill training that is conducted to
   36-2  support the expansion of civilian employment opportunities on
   36-3  United States military reservations.
   36-4        Explanation:  The language is changed to conform to S.B. No.
   36-5  170 by Ellis, reported engrossed by the Senate on April 25, 1995.
   36-6        (71)  Senate Rule 12.03(2) is suspended to permit the
   36-7  committee to omit "of education" in Section 30.052(g), Education
   36-8  Code.
   36-9        Explanation:  This change is needed because "commissioner" is
  36-10  defined to mean the commissioner of education.
  36-11        (72)  Senate Rules 12.03(2) and (3) are suspended to permit
  36-12  the committee to amend Section 30.087(b) to read as follows:
  36-13        (b)  From the amount appropriated for regional day school
  36-14  programs, the commissioner shall allocate funds to each program
  36-15  based on the number of weighted full-time equivalent students
  36-16  served.  The commissioner may consider local resources available in
  36-17  allocating funds under this subsection.
  36-18        Explanation:  This change is needed to authorize the
  36-19  commissioner to allocate funds according to the number of weighted
  36-20  full-time equivalent students served and to consider available
  36-21  local resources.
  36-22        (73)  Senate Rule 12.03(4) is suspended to allow the
  36-23  committee to add Sections 30.102(a-1) and (b-1), Education Code, to
  36-24  read as follows:
  36-25        (a-1)  For the 1995-1996 school year, a classroom teacher or
  36-26  full-time librarian employed by the commission is entitled to
  36-27  receive as a minimum salary the monthly salary rate specified by
   37-1  Section 21.4011.  A classroom teacher or full-time librarian may be
   37-2  paid, from funds appropriated to the commission, a salary in excess
   37-3  of the minimum specified by that section, but the salary may not
   37-4  exceed the rate of pay for a similar position in the public schools
   37-5  of an adjacent school district.  This subsection expires September
   37-6  1, 1996.
   37-7        (b-1)  Subsection (b) applies beginning with the 1996-1997
   37-8  school year.  This subsection expires January 1, 1997.
   37-9        Explanation:  These changes are needed to conform to the
  37-10  minimum salary schedules established under Chapter 21.
  37-11        (74)  Senate Rule 12.03(4) is suspended to permit the
  37-12  committee to add Section 31.021(c), Education Code, to read as
  37-13  follows:
  37-14        (c)  After setting aside the amounts specified by Subsection
  37-15  (b), the State Board of Education shall determine the amount
  37-16  remaining in the available school fund that is available for
  37-17  distribution under Chapter 43 for the following school year.  The
  37-18  board shall use any amount by which the amount available for
  37-19  distribution under Chapter 43 for the following school year exceeds
  37-20  the amount available for distribution under Chapter 43 for the
  37-21  1995-1996 school year to increase the allotment under Subsection
  37-22  (b)(2).
  37-23        Explanation:  This change is necessary to provide an
  37-24  increased allotment for:
  37-25              (1)  purchasing electronic textbooks or technological
  37-26  equipment; or
  37-27              (2)  training educational personnel in using electronic
   38-1  textbooks and providing access to technological equipment for
   38-2  instructional use.
   38-3        (75)  Senate Rule 12.03(4) is suspended to permit the
   38-4  committee to add Section 31.025, Education Code, to read as
   38-5  follows:
   38-6        Sec. 31.025.  LIMITATION ON COST.  (a)  The State Board of
   38-7  Education shall set a limit on the cost that may be paid from the
   38-8  state textbook fund for a textbook placed on the conforming or
   38-9  nonconforming list for a particular subject and grade level.  The
  38-10  board may not reject a textbook for placement on the conforming or
  38-11  nonconforming list because the textbook's price exceeds the limit
  38-12  established under this subsection.
  38-13        (b)  Subject to Section 31.151, if a school district or
  38-14  open-enrollment charter school selects a textbook from a conforming
  38-15  or nonconforming list that exceeds the limit established under
  38-16  Subsection (a):
  38-17              (1)  the state shall pay the publisher an amount equal
  38-18  to the limit established under Subsection (a) multiplied by the
  38-19  number of textbooks the district or school requisitions; and
  38-20              (2)  the district or school is responsible for the
  38-21  remainder of the cost.
  38-22        Explanation:  This change is necessary to limit the cost of
  38-23  textbooks and allow school districts to exceed that limit if they
  38-24  pay for the remainder of the cost.
  38-25        (76)  Senate Rule 12.03(4) is suspended to permit the
  38-26  committee to add Section 31.029, Education Code, to read as
  38-27  follows:
   39-1        Sec. 31.029.  BILINGUAL TEXTBOOKS.  The board shall purchase
   39-2  or otherwise acquire textbooks for use in bilingual education
   39-3  classes.
   39-4        Explanation:  This change is necessary to require the State
   39-5  Board of Education to acquire textbooks for use in bilingual
   39-6  education classes.
   39-7        (77)  Senate Rule 12.03(2) is suspended to permit the
   39-8  committee to omit Section 33.081(e), Education Code (Section
   39-9  33.081(d), Education Code, in engrossed version; Section 33.081(e),
  39-10  Education Code, in house special printing), which reads as follows:
  39-11        (d)  A student may not be suspended under this section during
  39-12  the period in which school is recessed for the summer or during the
  39-13  initial grade reporting period of a regular school term on the
  39-14  basis of grades received in the final grade reporting period of the
  39-15  preceding regular school term.
  39-16        Explanation:  The language is unnecessary as a result of the
  39-17  revised wording of Section 33.081(c), which states that "A
  39-18  suspension does not last beyond the end of a school year."
  39-19        (78)  Senate Rule 12.03(1) is suspended to permit the
  39-20  committee to amend Section 34.004, Education Code (Section 34.006,
  39-21  Education Code, in engrossed version; Section 34.004, Education
  39-22  Code, in house special printing), to read as follows:
  39-23        Sec. 34.004.  STANDING CHILDREN.  A school district may not
  39-24  require or allow a child to stand on a school bus that is in
  39-25  motion.
  39-26        Explanation:  This change is necessary to omit the provision
  39-27  that ties the prohibition on children standing on a school bus to
   40-1  the receipt of transportation funding under the Foundation School
   40-2  Program.
   40-3        (79)  Senate Rules 12.03(1) and (3) are suspended to permit
   40-4  the committee to amend and add text to Section 34.008, Education
   40-5  Code (Section 34.014, Education Code, in engrossed version; Section
   40-6  34.008, Education Code, in house special printing), to read as
   40-7  follows:
   40-8        Sec. 34.008.  CONTRACT WITH TRANSIT AUTHORITY OR COMMERCIAL
   40-9  TRANSPORTATION COMPANY.  (a)  A board of county school trustees or
  40-10  school district board of trustees may contract with a transit
  40-11  authority or a commercial transportation company for all or any
  40-12  part of a district's public school transportation if the authority
  40-13  or company:
  40-14              (1)  requires its school bus drivers to have the
  40-15  qualifications required by and to be certified in accordance with
  40-16  standards established by the Department of Public Safety; and
  40-17              (2)  uses only those school motor vehicles in
  40-18  transporting public school students that satisfy safety
  40-19  requirements imposed by law on school motor vehicles operated by
  40-20  public school transportation systems.
  40-21        (b)  This section does not prohibit the county or school
  40-22  district board from supplementing the state transportation cost
  40-23  allotment with local funds necessary to provide complete
  40-24  transportation services.
  40-25        (c)  A transit authority or a commercial transportation
  40-26  company contracting under this section for daily transportation of
  40-27  pre-primary, primary, or secondary students to or from school shall
   41-1  conduct, in a manner and on a schedule approved by the county or
   41-2  district school board, the following education programs:
   41-3              (1)  a program to inform the public that public school
   41-4  students will be riding on the authority's or company's buses;
   41-5              (2)  a program to educate the drivers of the buses to
   41-6  be used under the contract of the special needs and problems of
   41-7  public school students riding on the buses; and
   41-8              (3)  a program to educate public school students on bus
   41-9  riding safety and any special considerations arising from the use
  41-10  of the authority's or company's buses.
  41-11        (d)  In this section, "transit authority" includes a
  41-12  transportation authority or a transit department.
  41-13        Explanation:  This change is necessary to clarify that buses
  41-14  operated by various governmental transportation systems may be used
  41-15  to transport students and to provide a definition of "transit
  41-16  authority".
  41-17        (80)  Senate Rule 12.03(1) is suspended to permit the
  41-18  committee to change the heading to Section 34.010, Education Code
  41-19  (Section 34.011, in engrossed version; Section 34.010, in house
  41-20  special printing), by striking "ACTIVITIES, ETC."  and substituting
  41-21  "AND OTHER SCHOOL-RELATED ACTIVITIES."
  41-22        Explanation:  This change is necessary to make the section
  41-23  heading more descriptive.
  41-24        (81)  Senate Rule 12.03(4) is suspended to permit the
  41-25  committee to add Section 37.001(a), Education Code, to read as
  41-26  follows:
  41-27        (a)  Each school district shall, with the advice of its
   42-1  district-level committee established under Section 11.251, and
   42-2  jointly, as appropriate, with the juvenile board of each county in
   42-3  which the district is located, adopt a student code of conduct for
   42-4  the district.  In addition to establishing standards for student
   42-5  conduct, the student code of conduct must:
   42-6              (1)  specify the circumstances, in accordance with this
   42-7  subchapter, under which a student may be removed from a classroom,
   42-8  campus, or alternative education program;
   42-9              (2)  outline the responsibilities of each juvenile
  42-10  board concerning the establishment and operation of a juvenile
  42-11  justice alternative education program under Section 37.011;
  42-12              (3)  define the conditions on payments from the
  42-13  district to each juvenile board;
  42-14              (4)  specify conditions that authorize or require a
  42-15  principal or other appropriate administrator to transfer a student
  42-16  to an alternative education program; and
  42-17              (5)  outline conditions under which a student may be
  42-18  suspended as provided by Section 37.005 or expelled as provided by
  42-19  Section 37.007.
  42-20        Explanation:  This change is necessary to specify contents of
  42-21  a student code of conduct, including standards for student conduct
  42-22  and procedures for placement of disruptive students in alternative
  42-23  settings.
  42-24        (82)  Senate Rule 12.03(4) is suspended to permit the
  42-25  committee to add Section 37.001(c), Education Code, to read as
  42-26  follows:
  42-27        (c)  Each school district shall adopt a student code of
   43-1  conduct as required by this section not later than September 1,
   43-2  1996.  This subsection expires September 1, 1997.
   43-3        Explanation:  This change is necessary to delay the date by
   43-4  which a school district must adopt a student code of conduct.
   43-5        (83)  Senate Rule 12.03(4) is suspended to permit the
   43-6  committee to add Section 37.005, Education Code, to read as
   43-7  follows:
   43-8        Sec. 37.005.  SUSPENSION.  (a)  The principal or other
   43-9  appropriate administrator may suspend a student who engages in
  43-10  conduct for which the student may be placed in an alternative
  43-11  education program under this subchapter.
  43-12        (b)  A suspension under this section may not exceed three
  43-13  school days.
  43-14        Explanation:  This change is necessary to permit the
  43-15  temporary suspension of a student who engages in conduct for which
  43-16  the student may be placed in an alternative education program.
  43-17        (84)  Senate Rule 12.03(4) is suspended to permit the
  43-18  committee to add Subsection (c) to Section 37.008, Education Code
  43-19  (Section 37.004, Education Code, in engrossed version; Section
  43-20  37.004, Education Code, in house special printing), to read as
  43-21  follows:
  43-22        (c)  An off-campus alternative education program is not
  43-23  subject to a requirement imposed by this title, other than a
  43-24  limitation on liability, a reporting requirement, or a requirement
  43-25  imposed by this chapter or by Chapter 39.
  43-26        Explanation:  This change is necessary to specify the
  43-27  applicability of provisions of the Education Code to off-campus
   44-1  alternative education programs.
   44-2        (85)  Senate Rule 12.03(4) is suspended to permit the
   44-3  committee to add text to Section 37.009(a), Education Code (Section
   44-4  37.005(a), Education Code, in engrossed version), to read as
   44-5  follows:
   44-6        The student may not be returned to the regular classroom
   44-7  pending the hearing.
   44-8        Explanation:  This change is necessary to prohibit the return
   44-9  of a student to the regular classroom pending a hearing on the
  44-10  placement of the student in an alternative education program or
  44-11  expulsion of the student.
  44-12        (86)  Senate Rule 12.03(4) is suspended to permit the
  44-13  committee to add Subsection (a) to Section 37.011, Education Code
  44-14  (Section 37.008, Education Code, in house special printing), to
  44-15  read as follows:
  44-16        (a)  The juvenile board of a county with a population greater
  44-17  than 125,000 shall develop a juvenile justice alternative education
  44-18  program, subject to the approval of the Texas Juvenile Probation
  44-19  Commission.  The juvenile board of a county with a population of
  44-20  125,000 or less may develop a juvenile justice alternative
  44-21  education program.  A juvenile justice alternative education
  44-22  program in a county with a population of 125,000 or less:
  44-23              (1)  is not required to be approved by the Texas
  44-24  Juvenile Probation Commission; and
  44-25              (2)  is not subject to Subsection (c), (d), (f), or
  44-26  (g).
  44-27        Explanation:  This change is necessary to require a juvenile
   45-1  justice alternative education program approved by the Texas
   45-2  Juvenile Probation Commission only in a county with a population of
   45-3  more than 125,000 and to permit a juvenile justice alternative
   45-4  education program in a smaller county.
   45-5        (87)  Senate Rule 12.03(4) is suspended to permit the
   45-6  committee to add Subsection (b) to Section 37.011, Education Code
   45-7  (Section 37.008, Education Code, in house special printing), to
   45-8  read as follows:
   45-9        (b)  If a student is found to have engaged in conduct
  45-10  described by Section 37.007 and the student is found by a juvenile
  45-11  court to have engaged in delinquent conduct under Title 3, Family
  45-12  Code, the juvenile court shall:
  45-13              (1)  require the juvenile justice alternative education
  45-14  program in the county in which the conduct occurred to provide
  45-15  educational services to the student; and
  45-16              (2)  order the student to attend the program from the
  45-17  date of adjudication.
  45-18        Explanation:  This change is necessary to require a juvenile
  45-19  court to place a student who engages in certain serious conduct in
  45-20  a juvenile justice alternative education program.
  45-21        (88)  Senate Rule 12.03(4) is suspended to permit the
  45-22  committee to add Subsection (f) to Section 37.011, Education Code
  45-23  (Section 37.008, Education Code, in house special printing), to
  45-24  read as follows:
  45-25        (f)  A juvenile justice alternative education program must
  45-26  operate at least:
  45-27              (1)  seven hours per day; and
   46-1              (2)  180 days per year.
   46-2        Explanation:  This change is necessary to require a mandatory
   46-3  juvenile justice alternative education program to operate, on both
   46-4  a daily basis and a yearly basis, the same amount of time as a
   46-5  school district.
   46-6        (89)  Senate Rule 12.03(4) is suspended to permit the
   46-7  committee to add Subsection (j) to Section 37.011, Education Code
   46-8  (Section 37.008, Education Code, in house special printing), to
   46-9  read as follows:
  46-10        (j)  A juvenile board in a county with a population greater
  46-11  than 125,000 shall establish a juvenile justice alternative
  46-12  education program not later than September 1, 1996.  A student who
  46-13  engages in conduct described by Section 37.007 before the date on
  46-14  which a juvenile justice alternative education program for the
  46-15  county in which the student resides begins operation shall be
  46-16  expelled for a period not to exceed one year.  This subsection
  46-17  expires September 1, 1997.
  46-18        Explanation:  This change is necessary to provide sufficient
  46-19  time for juvenile boards to establish juvenile justice alternative
  46-20  education programs in those counties required to do so.
  46-21        (90)  Senate Rule 12.03(4) is suspended to permit the
  46-22  committee to change the heading to Section 37.083, Education Code,
  46-23  by striking "PROGRAMS" and substituting "PROGRAMS; SEXUAL
  46-24  HARASSMENT POLICIES."
  46-25        Explanation:  This change is necessary to make the section
  46-26  heading more descriptive.
  46-27        (91)  Senate Rule 12.03(1) is suspended to permit the
   47-1  committee to amend Section 38.009, Education Code (Section 38.008,
   47-2  Education Code, in engrossed version; Section 38.009, Education
   47-3  Code, in house special printing), to read as follows:
   47-4        Sec. 38.009.  ACCESS TO MEDICAL RECORDS.  (a)  A school
   47-5  administrator, nurse, or teacher is entitled to access to a
   47-6  student's medical records maintained by the school district for
   47-7  reasons determined by district policy.
   47-8        (b)  A school administrator, nurse, or teacher who views
   47-9  medical records under this section shall maintain the
  47-10  confidentiality of those medical records.
  47-11        (c)  This section does not authorize a school administrator,
  47-12  nurse, or teacher to require a student to be tested to determine
  47-13  the student's medical condition or status.
  47-14        Explanation:  The change is necessary to entitle a school
  47-15  nurse to access to a student's medical records maintained by a
  47-16  school.
  47-17        (92)  Senate Rule 12.03(3) is suspended to permit the
  47-18  committee to add text in Section 39.023(a), Education Code, to read
  47-19  as follows:
  47-20        (a)  The agency shall adopt appropriate criterion-referenced
  47-21  assessment instruments designed to assess competencies in reading,
  47-22  writing, mathematics, social studies, and science.  All nonexempt
  47-23  students shall be assessed in:
  47-24              (1)  reading and mathematics, annually in grades three
  47-25  through eight;
  47-26              (2)  writing, in grades four and eight; and
  47-27              (3)  social studies and science, at an appropriate
   48-1  grade level determined by the State Board of Education.
   48-2        Explanation:  This change is necessary to require assessment
   48-3  instruments under the statewide assessment program to assess
   48-4  competencies in social studies and science.
   48-5        (93)  Senate Rule 12.03(4) is suspended to permit the
   48-6  committee to add Sections 39.023(c) and (i), Education Code, to
   48-7  read as follows:
   48-8        (c)  The agency shall adopt end-of-course assessment
   48-9  instruments for students in secondary grades who have completed
  48-10  Algebra I, Biology I, English II, and United States history.
  48-11        (i)  Beginning with the 1995-1996 school year, the State
  48-12  Board of Education shall administer the end-of-course assessment
  48-13  instruments under Subsection (c) in Algebra I and Biology I.  Not
  48-14  later than the 1998-1999 school year, the State Board of Education
  48-15  shall administer the end-of-course assessment instruments under
  48-16  Subsection (c) in English II and United States history.  This
  48-17  subsection expires September 1, 2001.
  48-18        Explanation:  This change is necessary to require and
  48-19  phase-in the administration of end-of-course assessment tests in
  48-20  specified subject areas.
  48-21        (94)  Senate Rule 12.03(2) is suspended to permit the
  48-22  committee to omit Section 39.027(b), Education Code, which reads as
  48-23  follows:
  48-24        (b)  The State Board of Education shall adopt rules under
  48-25  which a district may determine if a student is eligible for an
  48-26  exemption under this section.  The agency shall closely monitor
  48-27  compliance with those rules.
   49-1        Explanation:  This change is necessary to conform to changes
   49-2  made to Section 39.023 by the committee.
   49-3        (95)  Senate Rule 12.03(3) is suspended to permit the
   49-4  committee to add text in Section 39.030(b), Education Code, to read
   49-5  as follows:
   49-6        (b)  The results of individual student performance on
   49-7  academic skills assessment instruments administered under this
   49-8  subchapter are confidential and may be released only in accordance
   49-9  with the Family Educational Rights and Privacy Act of 1974 (20
  49-10  U.S.C.  Section 1232g).  However, overall student performance data
  49-11  shall be aggregated by ethnicity, sex, grade level, subject area,
  49-12  campus, and district and made available to the public, with
  49-13  appropriate interpretations, at regularly scheduled meetings of the
  49-14  board of trustees of each school district.  The information may not
  49-15  contain the names of individual students or teachers.
  49-16        Explanation:  This change is necessary to require aggregation
  49-17  of overall student performance data on the basis of ethnicity and
  49-18  gender as well as on other bases.
  49-19        (96)  Senate Rule 12.03(4) is suspended to permit the
  49-20  committee to add Subsection (b) to Section 39.031, Education Code,
  49-21  to read as follows:
  49-22        (b)  The cost of releasing the question and answer keys under
  49-23  Section 39.023(d) shall be paid from amounts appropriated to the
  49-24  agency.
  49-25        Explanation:  This change is necessary to require that the
  49-26  Texas Education Agency pay the cost of releasing question and
  49-27  answer keys for assessment instruments.
   50-1        (97)  Senate Rules 12.03(1) and (3) are suspended to permit
   50-2  the committee to redesignate Section 39.053, Education Code,
   50-3  relating to a campus report card, as Section 39.052, to conform
   50-4  cross-references as necessary, and to add text in Subsection (c) of
   50-5  that section to read as follows:
   50-6        (c)  The commissioner shall adopt rules for requiring
   50-7  dissemination of appropriate student performance portions of campus
   50-8  report cards annually to the parent, guardian, conservator, or
   50-9  other person having lawful control of each student at the campus.
  50-10  On written request, the school district shall provide a copy of a
  50-11  campus report card to any other party.
  50-12        Explanation:  These changes are necessary to improve the
  50-13  readability of Chapter 39 and to limit the dissemination of campus
  50-14  report cards to appropriate student performance portions of the
  50-15  report cards.
  50-16        (98)  Senate Rule 12.03(1) is suspended to permit the
  50-17  committee to redesignate Section 39.052, Education Code, relating
  50-18  to performance reports, as Section 39.053, and to conform
  50-19  cross-references as necessary.
  50-20        Explanation:  This change is necessary to improve the
  50-21  readability of Chapter 39.
  50-22        (99)  Senate Rule 12.03(2) is suspended to permit the
  50-23  committee to omit Section 39.076, relating to agency assistance,
  50-24  and to renumber subsequent sections of Chapter 39 appropriately.
  50-25        Explanation:  This change is necessary to omit the
  50-26  requirement that the Texas Education Agency provide certain
  50-27  assistance or referrals to a school district that has difficulty
   51-1  meeting accreditation or performance standards.
   51-2        (100)  Senate Rule 12.03(1) is suspended to permit the
   51-3  committee to change the text of Section 39.094(b), Education Code,
   51-4  to read as follows:
   51-5        (b)  The campus-level committee established under Section
   51-6  11.253 shall determine the use of the funds awarded to a school
   51-7  under this subchapter.  The professional staff of the district
   51-8  shall determine the use of the funds awarded to the school district
   51-9  under this subchapter.
  51-10        Explanation:  This change is necessary to refer to the
  51-11  campus-level committee rather than the school committee to conform
  51-12  with the other provisions of the title.
  51-13        (101)  Senate Rule 12.03(1) is suspended to permit the
  51-14  committee to change the text of Section 39.112(b)(3)(B), Education
  51-15  Code (Section 39.112(b)(2) in engrossed version), to read as
  51-16  follows:
  51-17        (b)  A school campus or district is not exempt under this
  51-18  section from:
  51-19        . . .
  51-20              (3)  a requirement, restriction, or prohibition
  51-21  relating to:
  51-22        . . .
  51-23                    (B)  public school accountability as provided by
  51-24  Subchapters B, C, D, and G; . . . .
  51-25        Explanation:  This change is necessary to exclude from the
  51-26  exemption established by the subsection certain provisions relating
  51-27  to public school accountability.
   52-1        (102)  Senate Rule 12.03(4) is suspended to permit the
   52-2  committee to add Subsections (e)(4)-(6), Section 39.131, Education
   52-3  Code, to read as follows:
   52-4        ((e))  . . .  The master or management team:
   52-5        . . .
   52-6              (4)  may not change the number of or method of
   52-7  selecting the board of trustees;
   52-8              (5)  may not set a tax rate for the district; and
   52-9              (6)  may not adopt a budget for the district that
  52-10  provides for spending a different amount, exclusive of required
  52-11  debt service, from that previously adopted by the board of
  52-12  trustees.
  52-13        Explanation:  This change is necessary to clarify the duties
  52-14  if the commissioner appoints a master or management team as an
  52-15  accreditation sanction.
  52-16        (103)  Senate Rule 12.03(2) is suspended to permit the
  52-17  committee to omit sections of the Education Code relating to
  52-18  restricting written reports from school districts and school
  52-19  district employees, teachers' records and reports, and reports to
  52-20  the State Board of Education (Sections 39.156, 39.157, and 39.158
  52-21  in engrossed version; Sections 39.151, 39.152, and 39.153 in house
  52-22  special printing).
  52-23        Explanation:  This change is necessary to omit requirements
  52-24  and restrictions relating to certain records and reports.  As a
  52-25  result of the omission, Section 39.159 in engrossed version
  52-26  (Section 39.154 in house special printing) has been moved to
  52-27  Section 29.083 in the conference committee report.
   53-1        (104)  Senate Rule 12.03(4) is suspended to permit the
   53-2  committee to reorder the subsections in Section 41.002, Education
   53-3  Code, and to add a new Section 41.002(c) to read as follows:
   53-4        (c)  The amount of money necessary to replace funds made
   53-5  unavailable to the Foundation School Program by operation of
   53-6  Subsection (b) may be paid only from funds specifically
   53-7  appropriated for that purpose.  If a sufficient amount of money is
   53-8  not appropriated to fully replace funds made unavailable to the
   53-9  Foundation School Program by operation of Subsection (b), the
  53-10  adjustment to the taxable values of property in each district to
  53-11  which Subsection (b) applies shall be modified proportionately to
  53-12  the extent necessary so that the amount of funds made unavailable
  53-13  is equal to the amount appropriated to replace those funds.
  53-14        Explanation:  This change is necessary to ensure that there
  53-15  is not less money available for Foundation School Program purposes
  53-16  as a result of the requirement under Subsection (b) that the
  53-17  commissioner of education adjust the taxable values of a school
  53-18  district's property to reflect a decline in value.
  53-19        (105)  Senate Rule 12.03(4) is suspended to permit the
  53-20  committee to add Section 41.034(c), Education Code, to read as
  53-21  follows:
  53-22        (c)  Four or more districts that consolidate into one
  53-23  district under this subchapter within a period of one year may
  53-24  elect to receive incentive aid under this section or to receive
  53-25  incentive aid for not more than five years under Subchapter G,
  53-26  Chapter 13.  Incentive aid under this subsection may not provide
  53-27  the consolidated district with more revenue in state and local
   54-1  funds than the district would receive at the equalized wealth
   54-2  level.
   54-3        Explanation:  This change is necessary to provide another
   54-4  means of encouraging consolidation, which usually saves the state
   54-5  and districts money.  The change provides districts, under
   54-6  specified circumstances, with flexibility in selecting between
   54-7  incentives offered to districts that consolidate.
   54-8        (106)  Senate Rule 12.03(4) is suspended to permit the
   54-9  committee to add a new Section 41.099, Education Code, to read as
  54-10  follows:
  54-11        Sec. 41.099.  LIMITATIONS.  Sections 41.002(e), 41.094,
  54-12  41.097, and 41.098 apply only to a district that:
  54-13              (1)  executes an agreement to purchase all attendance
  54-14  credits necessary to reduce the district's wealth per student to
  54-15  the equalized wealth level; or
  54-16              (2)  executes an agreement to purchase attendance
  54-17  credits and an agreement under Subchapter E to contract for the
  54-18  education of nonresident students who transfer to and are educated
  54-19  in the district but who are not charged tuition.
  54-20        Explanation:  This change, which, with a limited exception,
  54-21  provides certain benefits to a district only if the district
  54-22  achieves the equalized wealth level solely through the purchase of
  54-23  attendance credits, is necessary to encourage a school district to
  54-24  achieve the equalized wealth level through the purchase of
  54-25  attendance credits under Subchapter D, Chapter 41, rather than
  54-26  through another available means under Chapter 41 that is less
  54-27  beneficial to the state.
   55-1        (107)  Senate Rule 12.03(1) is suspended to permit the
   55-2  committee to strike "weighted students in average daily attendance"
   55-3  and substitute "students in weighted average daily attendance" in
   55-4  Sections 41.093, 41.121, and 41.158, Education Code.
   55-5        Explanation:  This change is necessary to conform Chapter 41
   55-6  to similar changes made to Chapter 42.
   55-7        (108)  Senate Rule 12.03(4) is suspended to permit the
   55-8  committee to add Subsection (a-1) to Section 42.005, Education
   55-9  Code, to read as follows:
  55-10        (a-1)  Subsection (a) applies beginning with the 1997-1998
  55-11  school year.  For the 1995-1996 and 1996-1997 school years, average
  55-12  daily attendance is the quotient of the sum of attendance for each
  55-13  day of the minimum number of days of instruction as described under
  55-14  Section 25.081(a) divided by the minimum number of days of
  55-15  instruction.  This subsection expires September 1, 1997.
  55-16        Explanation:  This change is necessary to delay including
  55-17  extended year program attendance in the computation of average
  55-18  daily attendance until the 1998-1999 biennium.
  55-19        (109)  Senate Rule 12.03(1) is suspended to permit the
  55-20  committee to alter Section 42.101, Education Code, by striking
  55-21  "vocational education" and substituting "career and technology
  55-22  education."
  55-23        Explanation:  This change is necessary to conform with
  55-24  terminology used in federal law.
  55-25        (110)  Senate Rule 12.03(4) is suspended to permit the
  55-26  committee to add Section 42.102(c), Education Code, to read as
  55-27  follows:
   56-1        (c)  Beginning with the 1996-1997 school year, the
   56-2  commissioner shall recompute the cost of education index, excluding
   56-3  from the computation the calculation for the diseconomies of scale
   56-4  component and substituting a value of 1.00.
   56-5        Explanation:  This change is necessary to provide for the
   56-6  computation of the cost of education adjustment for the 1996-1997
   56-7  and subsequent school years.
   56-8        (111)  Senate Rule 12.03(4) is suspended to permit the
   56-9  committee to add Section 42.103(e), Education Code, to read as
  56-10  follows:
  56-11        (e)  The commissioner may make the adjustment authorized by
  56-12  Subsection (d)(3) only if the district's wealth per student does
  56-13  not exceed the equalized wealth level under Section 41.002.  For
  56-14  purposes of this subsection, a district's wealth per student is
  56-15  determined in the manner provided by Section 41.001, except that
  56-16  the adjustment provided by Subsection (d)(3) is not used in
  56-17  computing the number of students in weighted average daily
  56-18  attendance.
  56-19        Explanation:  This change is necessary to provide that the
  56-20  mid-sized school adjustment is not applied in computing a school
  56-21  district's wealth per student for purposes of the equalized wealth
  56-22  level under Chapter 41.
  56-23        (112)  Senate Rule 12.03(1) is suspended to permit the
  56-24  committee to alter text in Sections 42.152(c), (d), and (e),
  56-25  Education Code, by striking "remedial instruction" and substituting
  56-26  "accelerated instruction."
  56-27        Explanation:  This change is necessary to conform to
   57-1  preferred terminology.
   57-2        (113)  Senate Rule 12.03(4) is suspended to permit the
   57-3  committee to add a sentence at the end of Section 42.152(c),
   57-4  Education Code, to read as follows:
   57-5        A home-rule school district or an open-enrollment charter
   57-6  school must use funds allocated under Subsection (a) to provide
   57-7  compensatory services but is not otherwise subject to Subchapter C,
   57-8  Chapter 29.
   57-9        Explanation:  This change is necessary to provide a home-rule
  57-10  school district or open-enrollment charter school with greater
  57-11  flexibility in providing a compensatory education program.
  57-12        (114)  Senate Rule 12.03(1) is suspended to permit the
  57-13  committee to alter text in Section 42.152(m), Education Code
  57-14  (Section 42.152(n), Education Code, in engrossed version; Section
  57-15  42.152(m), Education Code, in house special printing), by striking
  57-16  "students who are not disabled" and substituting "students who do
  57-17  not have disabilities."
  57-18        Explanation:  This change is necessary to conform to
  57-19  preferred terminology.
  57-20        (115)  Senate Rule 12.03(1) is suspended to permit the
  57-21  committee to alter text in Section 42.154, Education Code, by
  57-22  striking "vocational education" and substituting "career and
  57-23  technology education" throughout the section.
  57-24        Explanation:  This change is necessary to conform with
  57-25  terminology used in federal law.
  57-26        (116)  Senate Rule 12.03(1) is suspended to permit the
  57-27  committee to alter Section 42.155(f), Education Code, by striking
   58-1  "vocational education" and substituting "career and technology
   58-2  education."
   58-3        Explanation:  This change is necessary to conform with
   58-4  terminology used in federal law.
   58-5        (117)  Senate Rule 12.03(4) is suspended to permit the
   58-6  committee to alter Section 42.155(j), Education Code (Section
   58-7  42.155(h), Education Code, in engrossed version), by adding the
   58-8  following sentence at the end of Subsection (j):
   58-9        The commissioner shall determine the appropriate allotment.
  58-10        Explanation:  This change is necessary to allow the
  58-11  commissioner of education to determine the appropriate
  58-12  transportation allotment for the Texas School for the Deaf.
  58-13        (118)  Senate Rule 12.03(4) is suspended to permit the
  58-14  committee to add a sentence at the end of Section 42.253(b),
  58-15  Education Code, to read as follows:
  58-16  The commissioner shall reduce the entitlement of each district that
  58-17  has a final taxable value of property for the second year of a
  58-18  state fiscal biennium that is higher than the estimate under
  58-19  Section 42.254.  A reduction under this subsection may not reduce
  58-20  the district's entitlement below the amount to which it is entitled
  58-21  at its actual taxable value of property.  The sum of the reductions
  58-22  under this subsection may not be greater than the amount necessary
  58-23  to fully fund the entitlement of each district.
  58-24        Explanation:  This change is necessary to permit the
  58-25  commissioner of education, in the second year of a state fiscal
  58-26  biennium, to reduce the foundation school fund entitlement of a
  58-27  school district that has a taxable value of property that is higher
   59-1  than the estimate originally used to determine the district's
   59-2  entitlement.
   59-3        (119)  Senate Rule 12.03(1) is suspended to permit the
   59-4  committee to amend Section 43.005, Education Code, to read as
   59-5  follows:
   59-6        Sec. 43.005.  EXTERNAL INVESTMENT MANAGERS.  (a)  The State
   59-7  Board of Education may contract with private professional
   59-8  investment managers to assist the board in making investments of
   59-9  the permanent school fund.  A contract under this subsection must
  59-10  be approved by the board or otherwise entered into in accordance
  59-11  with board rules relating to contracting authority.
  59-12        (b)  The State Board of Education by rule may delegate a
  59-13  power or duty relating to the investment of the permanent school
  59-14  fund to a committee, officer, employee, or other agent of the
  59-15  board.
  59-16        Explanation:  This change is necessary to permit the State
  59-17  Board of Education to delegate a power or duty relating to the
  59-18  investment of the permanent school fund.
  59-19        (120)  Senate Rule 12.03(4) is suspended to permit the
  59-20  committee to add Section 43.006, Education Code, to read as
  59-21  follows:
  59-22        Sec. 43.006.  INVESTMENT MANAGEMENT.  (a)  The State Board of
  59-23  Education may delegate investment authority and contract for the
  59-24  investment of the permanent school fund to the same extent as the
  59-25  governing board of an institution of higher education with respect
  59-26  to an institutional fund under Chapter 163, Property Code.
  59-27        (b)  The board may enter into a contract with a nonprofit
   60-1  corporation for the corporation to invest funds under the control
   60-2  and management of the board, including the permanent school fund,
   60-3  as designated by the board.  The corporation may not engage in any
   60-4  business other than investing funds designated by the board under
   60-5  the contract.
   60-6        (c)  The board must approve the:
   60-7              (1)  articles of incorporation and bylaws of the
   60-8  corporation and any amendment to the articles of incorporation or
   60-9  bylaws;
  60-10              (2)  investment policies of the corporation, including
  60-11  changes to those policies;
  60-12              (3)  audit and ethics committee of the corporation; and
  60-13              (4)  code of ethics of the corporation.
  60-14        (d)  The board of directors of the corporation must be
  60-15  members of the State Board of Education.
  60-16        (e)  If an investment contract entered into under Subsection
  60-17  (b) includes the permanent school fund within the scope of funds
  60-18  under the control and management of the State Board of Education to
  60-19  be invested by the corporation, the board shall provide for an
  60-20  annual financial audit of the permanent school fund.  The audit
  60-21  shall be performed by the state auditor.
  60-22        (f)  The corporation shall file quarterly reports with the
  60-23  State Board of Education concerning matters required by the board.
  60-24        (g)  The corporation is subject to the Texas Non-Profit
  60-25  Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
  60-26  Statutes).
  60-27        (h)  The corporation may not enter into an agreement or
   61-1  transaction with a:
   61-2              (1)  director, officer, or employee of the corporation
   61-3  acting in other than an official capacity on behalf of the
   61-4  corporation;
   61-5              (2)  business entity in which a director, officer, or
   61-6  employee of the corporation has an interest;
   61-7              (3)  former director, officer, or employee of the
   61-8  corporation on or before the second anniversary of the date the
   61-9  person ceased to be a director, officer, or employee of the
  61-10  corporation; or
  61-11              (4)  business entity in which a former director,
  61-12  officer, or employee of the corporation has an interest on or
  61-13  before the second anniversary of the date the person ceased to be a
  61-14  director, officer, or employee of the corporation.
  61-15        (i)  An agreement or transaction entered into in violation of
  61-16  Subsection (h) is void.
  61-17        (j)  For purposes of this section, a person has an interest
  61-18  in a business entity if:
  61-19              (1)  the person owns five percent or more of the voting
  61-20  stock or shares of the business entity;
  61-21              (2)  the person owns five percent or more of the fair
  61-22  market value of the business entity; or
  61-23              (3)  money received by the person from the business
  61-24  entity exceeds five percent of the person's gross income for the
  61-25  preceding calendar year.
  61-26        (k)  In this section:
  61-27              (1)  "Governing board" and "institutional fund"  have
   62-1  the meanings assigned by Chapter 163, Property Code.
   62-2              (2)  "Institution of higher education" has the meaning
   62-3  assigned by Section 61.003.
   62-4        Explanation:  This change is necessary to permit the State
   62-5  Board of Education to establish a nonprofit corporation to manage
   62-6  the investment of the permanent school fund.  Similar authority
   62-7  with respect to the permanent university fund is granted to the
   62-8  board of regents of The University of Texas System under H.B. No.
   62-9  1877, effective May 23, 1995.
  62-10        (121)  Senate Rule 12.03(1) is suspended to permit the
  62-11  committee to amend Section 43.008, Education Code (Section 43.007,
  62-12  Education Code, in both engrossed version and house special
  62-13  printing), to read as follows:
  62-14        Sec. 43.008.  TREATMENT OF PREMIUM AND DISCOUNT.  (a)  If the
  62-15  State Board of Education authorizes the payment of a premium out of
  62-16  the permanent school fund for purchasing  any fixed-income security
  62-17  as an investment for that fund, the principal of the security and a
  62-18  portion of the interest accruing from the security equal to the
  62-19  premium  shall be treated as principal in the investment as
  62-20  provided by Subsection (c) and shall be returned to the permanent
  62-21  school fund.
  62-22        (b)  If the State Board of Education authorizes the purchase
  62-23  of a  fixed-income security at less than par, the discount received
  62-24  in the purchase shall be paid to the available school fund as
  62-25  additional interest revenue as provided by Subsection (c).
  62-26        (c)  The amount of an interest payment treated as principal
  62-27  under Subsection (a) or the amount of a discount treated as
   63-1  additional revenue under Subsection (b) shall be determined at the
   63-2  end of a period using an interest method that produces a periodic
   63-3  interest revenue or expenditure, including amortization, that
   63-4  represents a level effective interest rate on the sum of the
   63-5  maturity value of the fixed-income security and its unamortized
   63-6  premium or discount at the beginning of the period.  The difference
   63-7  between the amount computed and the stated interest revenue on the
   63-8  outstanding amount of the fixed-income security is the amount of
   63-9  the periodic amortization.
  63-10        (d)  In this section:
  63-11              (1)  "Effective interest rate" means the interest rate
  63-12  that, when used to discount debt service payments, produces a
  63-13  present value equal to the debt proceeds.
  63-14              (2)  "Fixed-income security" means a government or
  63-15  corporate obligation with a specified maturity date, interest rate,
  63-16  and interest payment dates.
  63-17              (3)  "Stated interest revenue" means the face value or
  63-18  coupon interest rate multiplied by the maturity value of the
  63-19  fixed-income security.
  63-20        Explanation:  This change is necessary to permit the State
  63-21  Board of Education to use generally accepted accounting principles
  63-22  in amortizing the principal of and interest on certain securities
  63-23  purchased for the permanent school fund.  This change is also
  63-24  necessary to conform the new code to the current code, as amended
  63-25  by S.B. No. 409, effective September 1, 1995.
  63-26        (122)  Senate Rule 12.03(3) is suspended to permit the
  63-27  committee to add text to Section 44.002(b), Education Code, to read
   64-1  as follows:
   64-2        (b)  The budget must be prepared according to generally
   64-3  accepted accounting principles, rules adopted by the State Board of
   64-4  Education, and adopted policies of the board of trustees.
   64-5        Explanation:  This change is necessary to include language
   64-6  that appeared in Section 12.181(d)(6) in the engrossed version.
   64-7        (123)  Senate Rules 12.03(1), (2), and (3) are suspended to
   64-8  permit the committee to change the heading of Section 44.031,
   64-9  Education Code, to change Subsections (a), (b), and (c) of that
  64-10  section to read as follows, and to reletter subsequent subsections
  64-11  appropriately:
  64-12        Sec. 44.031.   PURCHASING CONTRACTS.  (a)  Except as provided
  64-13  by this section, all school district contracts, except contracts
  64-14  for the purchase of produce or vehicle fuel, valued at $25,000 or
  64-15  more in the aggregate for each 12-month period shall be made by the
  64-16  method, of the following methods, that provides the best value to
  64-17  the district:
  64-18              (1)  competitive bidding;
  64-19              (2)  competitive sealed proposals;
  64-20              (3)  a request for proposals;
  64-21              (4)  a catalogue purchase as provided by Subchapter B,
  64-22  Chapter 2157, Government Code;
  64-23              (5)  an interlocal contract; or
  64-24              (6)  a design/build contract.
  64-25        (b)  In determining to whom to award a contract, the district
  64-26  may consider:
  64-27              (1)  the purchase price;
   65-1              (2)  the reputation of the vendor and of the vendor's
   65-2  goods or services;
   65-3              (3)  the quality of the vendor's goods or services;
   65-4              (4)  the extent to which the goods or services meet the
   65-5  district's needs;
   65-6              (5)  the vendor's past relationship with the district;
   65-7              (6)  the impact on the ability of the district to
   65-8  comply with laws and rules relating to historically underutilized
   65-9  businesses;
  65-10              (7)  the total long-term cost to the district to
  65-11  acquire the vendor's goods or services; and
  65-12              (8)  any other relevant factor that a private business
  65-13  entity would consider in selecting a vendor.
  65-14        Explanation:  These changes are necessary to clarify the
  65-15  manner in which school district can make purchases of personal
  65-16  property and to impose consistent restrictions on purchases of
  65-17  personal property and certain contracts made in relation to
  65-18  buildings.
  65-19        (124)  Senate Rule 12.03(1) is suspended to permit the
  65-20  committee to change Section 44.031(g), Education Code (Section
  65-21  44.031(h), Education Code, in engrossed version and house special
  65-22  printing), to read as follows:
  65-23        (g)  Notice of the time when and place where the bids or
  65-24  proposals will be received shall be published in the county in
  65-25  which the district's central administrative office is located, once
  65-26  a week for at least two weeks before the date set for awarding the
  65-27  contract, except that on contracts involving less than $25,000, the
   66-1  advertising may be limited to two successive issues of any
   66-2  newspaper published in the county in which the district's central
   66-3  administrative office is located, and if there is not a newspaper
   66-4  in that county, the advertising shall be published in a newspaper
   66-5  in the county nearest the county seat of the county in which the
   66-6  district's central administrative office is located.
   66-7        Explanation:  This change is necessary to require publication
   66-8  of the date by which bids must be received, instead of the date on
   66-9  which the contract will be let.
  66-10        (125)  Senate Rule 12.03(2) is suspended to permit the
  66-11  committee to omit text from Section 44.032(b), Education Code, to
  66-12  read as follows:
  66-13        (b)  An officer, employee, or agent of a school district
  66-14  commits an offense if the person with criminal negligence makes or
  66-15  authorizes separate, sequential, or component purchases to avoid
  66-16  the requirements of Section 44.031(a) or (b).  An offense under
  66-17  this subsection is a Class B misdemeanor and is an offense
  66-18  involving moral turpitude.
  66-19        Explanation:  This change is necessary to conform to changes
  66-20  made under Section 44.031.
  66-21        (126)  Senate Rules 12.03(1) and (2) are suspended to permit
  66-22  the committee to change Section 44.033(a), Education Code, to read
  66-23  as follows:
  66-24        (a)  A school district shall purchase personal property as
  66-25  provided by this section if the value of the items is at least
  66-26  $10,000 but less than $25,000, in the aggregate, for a 12-month
  66-27  period.  In the alternative, the school district may purchase those
   67-1  items in accordance with Sections 44.031(a) and (b).
   67-2        Explanation:  This change is necessary to conform to changes
   67-3  made under Section 44.031.
   67-4        (127)  Senate Rule 12.03(2) is suspended to permit the
   67-5  committee to omit from Section 45.003(c), Education Code, the
   67-6  following:
   67-7  Except as otherwise provided by this section, bonds may not be
   67-8  issued pursuant to Subsection (b)(1) if the aggregate principal
   67-9  amount of tax bond indebtedness of the district after issuing the
  67-10  bonds would exceed 10 percent of the assessed valuation of taxable
  67-11  property in the district according to the most recent approved ad
  67-12  valorem tax rolls of the district.  A district may issue bonds
  67-13  resulting in an aggregate principal amount of tax bond indebtedness
  67-14  that exceeds 10 percent of the district's assessed valuation if:
  67-15              (1)  the bonds are issued for the purpose of
  67-16  constructing and equipping a replacement for a building lost to
  67-17  fire or natural disaster;
  67-18              (2)  the bonds are issued in an amount necessary for
  67-19  that purpose, less the amount paid by insurance covering the loss;
  67-20  and
  67-21              (3)  the resulting aggregate principal amount of tax
  67-22  bond indebtedness does not exceed 16 percent of the district's
  67-23  assessed valuation.
  67-24        Explanation:  The omission of the ad valorem tax limit
  67-25  computed according to assessed value of property in the district
  67-26  would permit greater local control of tax decisions subject to
  67-27  Section 45.003(e), Education Code, and would enable districts that
   68-1  have reached the limit to issue bonds for necessary school
   68-2  facilities.
   68-3        (128)  Senate Rule 12.03(2) is suspended to permit the
   68-4  committee to omit Section 45.006, Education Code, other than
   68-5  Subsection (e), engrossed version, which is similar to Subsections
   68-6  (c) and (d) of the house special printing, relating to tax
   68-7  limitations, and to renumber subsequent sections appropriately.
   68-8        Explanation:  The omission of the tax limitations conforms to
   68-9  the limitation structure in Section 45.003 and eliminates
  68-10  unnecessary references to constitutional limitations.
  68-11        (129)  Senate Rule 12.03(3) is suspended to permit the
  68-12  committee to add text to Section 45.081(c) to read as follows:
  68-13        (c)  "Real property" means any interest in land, buildings,
  68-14  or fixtures permanently attached to buildings or land.
  68-15        Explanation:  This change is necessary to include fixtures
  68-16  permanently attached to land within the definition of real
  68-17  property.
  68-18        (130)  Senate Rules 12.03(3) and (4) are suspended to permit
  68-19  the committee to add a new Subsection (c) to Section 45.082 to read
  68-20  as follows and to reletter subsequent subsections appropriately:
  68-21        (c)  The board is not required to determine that the real
  68-22  property is not required for the current needs of the district if
  68-23  the sale is:
  68-24              (1)  to a corporation established by the district under
  68-25  Article 717s, Revised Statutes; and
  68-26              (2)  subject to a lease-purchase agreement under which
  68-27  the district will acquire the real property.
   69-1        Explanation:  This change is necessary to permit a school
   69-2  district to sell property to be used by the district to a
   69-3  corporation established by the district.
   69-4        (131)  Senate Rules 12.03(1), (2), and (3) are suspended to
   69-5  permit the committee to change the heading of Section 45.106,
   69-6  Education Code, and the text of Subsection (a) of that section to
   69-7  read as follows:
   69-8        Sec. 45.106.  USE OF COUNTY AVAILABLE FUND APPORTIONMENT FOR
   69-9  AREA SCHOOLS CAREER AND TECHNOLOGY EDUCATION.  (a)  A school
  69-10  district or accumulation of districts that operates a school
  69-11  designated as an area school for career and technology education
  69-12  purposes or that participates in a designated area career and
  69-13  technology education program shall use its annual county available
  69-14  school fund apportionment, if any, in the operation of the area
  69-15  school or program or in financing facilities for the school,
  69-16  notwithstanding any laws to the contrary.
  69-17        Explanation:  This change is necessary to conform to changes
  69-18  in terminology made in other portions of the bill.
  69-19        (132)  Senate Rules 12.03(1), (2), (3), and (4) are suspended
  69-20  to permit the committee to substitute the following for Subchapter
  69-21  H, Chapter 45, Education Code:
  69-22           SUBCHAPTER H.  ASSESSMENT AND COLLECTION OF TAXES
  69-23        Sec. 45.231.  EMPLOYMENT OF ASSESSOR AND COLLECTOR.  (a)  The
  69-24  board of trustees of an independent school district may employ a
  69-25  person to assess or collect the school district's taxes and may
  69-26  compensate the person as the board of trustees considers
  69-27  appropriate.
   70-1        (b)  This section does not prohibit an independent school
   70-2  district from providing for the assessment or collection of the
   70-3  school district's taxes under a method authorized by Subchapter B,
   70-4  Chapter 6, Tax Code.
   70-5        Sec. 45.232.  ALTERNATE METHODS OF SELECTION UNDER FORMER
   70-6  LAW.  An independent school district that used a method of
   70-7  selecting the assessor or collector of the school district's taxes
   70-8  for the 1994 tax year that was authorized by former Subchapter F,
   70-9  Chapter 23, as that subchapter existed on January 1, 1994, but that
  70-10  is not authorized by Section 45.231 or by Subchapter B, Chapter 6,
  70-11  Tax Code, may continue to use that method of selection until the
  70-12  school district uses another method authorized by Section 45.231 or
  70-13  by Subchapter B, Chapter 6, Tax Code, to determine how the
  70-14  assessment or collection is performed.
  70-15        Explanation:  This change is necessary to omit outdated
  70-16  procedures relating to tax assessors and collectors, to allow broad
  70-17  local discretion to employ a tax assessor and collector, and to
  70-18  preserve current exceptions and authorizations.
  70-19        (133)  Senate Rule 12.03(1) is suspended to permit the
  70-20  committee to amend redesignated Chapter 133, Education Code, as
  70-21  amended by Section 3 of the bill (Section 31 in engrossed version)
  70-22  to strike references to "vocational education" and substitute
  70-23  "career and technology education."
  70-24        Explanation:  This change is necessary to conform to changes
  70-25  in federal law terminology.
  70-26        (134)  Senate Rule 12.03(1) is suspended to permit the
  70-27  committee to amend redesignated Chapter 133, Education Code, as
   71-1  amended by Section 3 of the bill (Section 31 in engrossed version)
   71-2  to change references to "board" to "commission" and add Section
   71-3  133.001(5) to read as follows:
   71-4              (5)  "Commission" means the Texas Employment
   71-5  Commission.
   71-6        Explanation:  This change is necessary to transfer the
   71-7  proposed administration of Chapter 133 from the Texas Higher
   71-8  Education Coordinating Board to the Texas Employment Commission.
   71-9        (135)  Senate Rule 12.03(3) is suspended to permit the
  71-10  committee to amend redesignated Chapter 51, Education Code, as
  71-11  amended by Section 4 of the bill (Section 32 in engrossed version)
  71-12  to add Section 51.752(h) to read as follows:
  71-13        (h)  If the legislature fails to appropriate funds for the
  71-14  operation of the Educational Economic Policy Center, the
  71-15  Legislative Budget Board shall perform the duties of the committee
  71-16  under this subchapter.  The board shall make the annual reports
  71-17  required by Subsection (g) to the presiding officers of the
  71-18  standing committees of the senate and the house of representatives
  71-19  with primary jurisdiction over the public school system.
  71-20        Explanation:  This change is necessary to allow the functions
  71-21  of the Educational Economic Policy Center to be performed in the
  71-22  absence of specific appropriations.
  71-23        (136)  Senate Rule 12.03(1) is suspended to permit the
  71-24  committee to amend Section 61.077, Education Code, as amended by
  71-25  Section 20 of the bill (Section 40 in engrossed version; Section 15
  71-26  in house special printing), to strike references to "vocational" or
  71-27  "vocational-technical" and substitute "career and technology" and
   72-1  to strike references to "State Board of Vocational Education" and
   72-2  substitute "State Board for Career and Technology Education".
   72-3        Explanation:  This change is necessary to conform to changes
   72-4  in federal law terminology.
   72-5        (137)  Senate Rule 12.03(4) is suspended to permit the
   72-6  committee to amend Section 822.201(c), Government Code, as amended
   72-7  in Section 35 of the bill, to read as follows:
   72-8        (c)  Excluded from salary and wages are expense payments,
   72-9  allowances, payments for unused vacation or sick leave, maintenance
  72-10  or other nonmonetary compensation, fringe benefits, deferred
  72-11  compensation other than as provided by Subsection (b)(3),
  72-12  compensation that is not made pursuant to a valid employment
  72-13  agreement, payments received in the 1995-96 or a subsequent school
  72-14  year for teaching a driver education and traffic safety course, and
  72-15  any compensation not described in Subsection (b).
  72-16        Explanation:  This change is necessary to exclude payments
  72-17  made for nonacademic activities from being used to determine
  72-18  contributions or benefits under the Teacher Retirement System of
  72-19  Texas.
  72-20        (138)  Senate Rules 12.03(1) and (3) are suspended to permit
  72-21  the committee to amend Subsections (a) and (b) of and add
  72-22  Subsection (b-1) to Section 825.405, Government Code, as amended in
  72-23  Section 37 of the bill (Section 52 in engrossed version; Section 29
  72-24  in house special printing), to read as follows:
  72-25        (a)  For members entitled to the minimum salary for certain
  72-26  school personnel under Section 21.402 <16.056>, Education Code, and
  72-27  for members who would have been entitled to the minimum salary for
   73-1  certain school personnel under former Section 16.056, Education
   73-2  Code, as that section existed on January 1, 1995, the employing
   73-3  district shall pay the state's contribution on the portion of the
   73-4  member's salary that exceeds the statutory minimum or former
   73-5  statutory minimum, as applicable.
   73-6        (b)  For purposes of this section, the statutory minimum
   73-7  salary is the salary provided by Section 21.402 or the former
   73-8  Sections 16.056 and 16.058, Education Code, multiplied by the cost
   73-9  of education adjustment applicable under Section 42.102 <16.102>,
  73-10  Education Code, to the district in which the member is employed.
  73-11        (b-1)  Notwithstanding Subsections (a) and (b), for the
  73-12  1995-1996 school year, for a member entitled to the minimum salary
  73-13  for certain school personnel under Section 21.4011, Education Code,
  73-14  the employing district shall pay the state's contribution on the
  73-15  portion of the member's salary that exceeds the statutory minimum.
  73-16  For purposes of this section, for the 1995-1996 school year, the
  73-17  statutory minimum salary is the salary provided by Section 21.4011,
  73-18  Education Code, multiplied by the cost of education adjustment
  73-19  applicable under Section 42.102, Education Code, to the district in
  73-20  which the member is employed.  This subsection expires September 1,
  73-21  1996.
  73-22        Explanation:  This change is necessary to continue to allow
  73-23  the state to recover retirement contributions on excess salary
  73-24  payments and to provide a one-year transition to the changes in the
  73-25  provision.
  73-26        (139)  Senate Rule 12.03(2) is suspended to permit the
  73-27  committee to omit the section amending Section 98A(b), Public
   74-1  Utility Regulatory Act (Section 61, in the senate engrossment;
   74-2  Section 47 in the house special printing), which reads as follows:
   74-3        SECTION 47.  CONFORMING AMENDMENT.  Subsection (b), Section
   74-4  98A, Public Utility Regulatory Act (Article 1446c, Vernon's Texas
   74-5  Civil Statutes), is amended to read as follows:
   74-6        (b)  In this section, "interactive multimedia communications"
   74-7  means real-time, two-way, interactive voice, video, and data
   74-8  communications conducted over networks that link geographically
   74-9  dispersed locations <has the meaning assigned by Section
  74-10  14.0451(a), Education Code>.
  74-11        Explanation:  The omission is necessary because the provision
  74-12  amended the Public Utility Regulatory Act, which has since been
  74-13  repealed and replaced with the Public Utility Regulatory Act of
  74-14  1995.
  74-15        (140)  Senate Rule 12.03(3) is suspended to permit the
  74-16  committee to add the following sections:
  74-17        SECTION 49.  CONFORMING AMENDMENT.  Section 3.355(h)(2),
  74-18  Public Utility Regulatory Act of 1995, as enacted by Chapter 9,
  74-19  Acts of the 74th Legislature, Regular Session, 1995, is amended to
  74-20  read as follows:
  74-21              (2)  "Educational institution" means and includes:
  74-22                    (A)  accredited primary or secondary schools
  74-23  owned or operated by state and local governmental entities or
  74-24  private entities;
  74-25                    (B)  institutions of higher education as defined
  74-26  by Section 61.003, Education Code;
  74-27                    (C)  private institutions of higher education
   75-1  accredited by a recognized accrediting agency as defined by Section
   75-2  61.003(13), Education Code;
   75-3                    (D)  the Texas <Central> Education Agency, its
   75-4  successors and assigns;
   75-5                    (E)  regional education service centers
   75-6  established and operated pursuant to Chapter 8 <Sections 11.32 and
   75-7  11.33>, Education Code; and
   75-8                    (F)  the Texas Higher Education Coordinating
   75-9  Board, its successors and assigns.
  75-10        SECTION 50.  CONFORMING AMENDMENT.  Section 3.358(b), Public
  75-11  Utility Regulatory Act of 1995, as enacted by Chapter 9, Acts of
  75-12  the 74th Legislature, Regular Session, 1995, is amended to read as
  75-13  follows:
  75-14        (b)  In this section, "interactive multimedia communications"
  75-15  means real-time, two-way, interactive voice, video, and data
  75-16  communications conducted over networks that link geographically
  75-17  dispersed locations <has the meaning assigned by Section
  75-18  14.0451(a), Education Code, as added by Chapter 868, Acts of the
  75-19  73rd Legislature, Regular Session, 1993>.
  75-20        Explanation:  Section 49 is necessary to correct references
  75-21  to the Texas Education Agency and the statutory authority for
  75-22  operation of regional education service centers.  Section 50 is
  75-23  necessary because the comparable provisions in the house special
  75-24  printing (Section 47) and senate engrossment (Section 61) amended
  75-25  the Public Utility Regulatory Act, which has since been repealed
  75-26  and replaced with the Public Utility Regulatory Act of 1995.
  75-27        (141)  Senate Rule 12.03(4) is suspended to permit the
   76-1  committee in Section 51 of the conference committee report to amend
   76-2  Section 22, Psychologists' Certification and Licensing Act (Article
   76-3  4512c, Vernon's Texas Civil Statutes), to read as follows:
   76-4        Sec. 22.  EXEMPTIONS.  Nothing in this Act shall be construed
   76-5  to apply to:
   76-6              (a)  the activities, services and use of official title
   76-7  on the part of a person employed as a psychologist or psychological
   76-8  associate by any:  (1) governmental agency<, (2) public school
   76-9  district,> or (2) <(3)> regionally accredited institution of higher
  76-10  education provided such employee is performing those duties for
  76-11  which he is employed by such agency<, district,> or institution and
  76-12  within the confines of such agency<, district,> or institution
  76-13  insofar as such activities and services are a part of the duties of
  76-14  his office or position as a psychologist or psychological associate
  76-15  with such agency<, district,> or institution; except that persons
  76-16  employed as psychologists or psychological associates who offer or
  76-17  provide psychological services to the public (other than lecture
  76-18  services) for a fee, monetary or otherwise, over and above the
  76-19  salary that they receive for the performance of their regular
  76-20  duties, and/or persons employed as psychologists or psychological
  76-21  associates by organizations that sell psychological services to the
  76-22  public (other than lecture services) for a fee, monetary or
  76-23  otherwise must be licensed under the provisions of this Act;
  76-24              (b)  the activities and services of a student, intern
  76-25  or resident in psychology, pursuing a course of study in
  76-26  preparation for the profession of psychology under qualified
  76-27  supervision in recognized training institutions or facilities, if
   77-1  these activities and services constitute a part of his supervised
   77-2  course of study, provided that such an individual is designated by
   77-3  a title such as "psychological intern," "psychological trainee," or
   77-4  others clearly indicating such training status;
   77-5              (c)  the activities and services of members of other
   77-6  licensed professions, including physicians, surgeons, attorneys,
   77-7  registered nurses, licensed vocational nurses, occupational
   77-8  therapists, certified social workers, licensed professional
   77-9  counselors, career counselors, licensed marriage and family
  77-10  therapists, and licensed chemical dependency counselors, if the
  77-11  activities and services are permitted under the applicable license
  77-12  and the members do not represent themselves to be psychologists or
  77-13  describe their services by the use of the term "psychological";
  77-14              (d)  the activities and services of duly recognized
  77-15  members of the clergy who are acting within the members'
  77-16  ministerial capabilities, if the members do not represent
  77-17  themselves to be psychologists or describe their services by the
  77-18  use of the term "psychological";
  77-19              (e)  the voluntary activities and services of persons
  77-20  employed by or working on the behalf of charitable nonprofit
  77-21  organizations, if the persons do not represent themselves to be
  77-22  psychologists or describe their services by the use of the term
  77-23  "psychological."
  77-24        Explanation:  This change is necessary to require school
  77-25  psychologists to be licensed by the Texas State Board of Examiners
  77-26  of Psychologists rather than certified by the Central Education
  77-27  Agency.
   78-1        (142)  Senate Rule 12.03(4) is suspended to permit the
   78-2  committee in Section 51 of the conference committee report to add
   78-3  Section 26, Psychologists' Certification and Licensing Act (Article
   78-4  4512c, Vernon's Texas Civil Statutes), to read as follows:
   78-5        Sec. 26.  LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY.  (a)  The
   78-6  board by rule shall adopt the license classification of "licensed
   78-7  specialist in school psychology."  A license issued under this
   78-8  section constitutes the appropriate credential for a person to
   78-9  provide psychological services in a school in this state as
  78-10  required by Section 21.003(b), Education Code.
  78-11        (b)  The board shall set the standards for qualification of a
  78-12  license issued under this section.  The standards must include:
  78-13              (1)  minimum recognized graduate degree requirements;
  78-14              (2)  completion of graduate course work at a regionally
  78-15  accredited institution of higher education in the following areas:
  78-16                    (A)  psychological foundations;
  78-17                    (B)  educational foundations;
  78-18                    (C)  interventions;
  78-19                    (D)  assessments; and
  78-20                    (E)  professional issues and ethics;
  78-21              (3)  completion of a minimum of 1,200 hours of
  78-22  supervised experience;
  78-23              (4)  receipt of a passing score on a nationally
  78-24  recognized qualifying examination determined to be appropriate by
  78-25  the board and on any other examination determined to be necessary
  78-26  by the board; and
  78-27              (5)  satisfaction of the requirements imposed under
   79-1  Section 11(d) of this Act.
   79-2        (c)  The rules of practice for a licensed specialist in
   79-3  school psychology must comply with nationally recognized standards
   79-4  for the practice of school psychology.
   79-5        Explanation:  This change is necessary to require the setting
   79-6  of standards for persons who provide psychological services in
   79-7  schools.
   79-8        (143)  Senate Rule 12.03(1) is suspended to permit the
   79-9  committee in Section 53 of the conference committee report (Section
  79-10  63 in engrossed version; Section 50 in house special printing) to
  79-11  strike references to "vocational education" and the "State Board of
  79-12  Vocational Education" in Section 2.06, Workforce and Economic
  79-13  Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
  79-14  Statutes), and substitute references to "career and technology
  79-15  education" and "State Board for Career and Technology Education,"
  79-16  respectively.
  79-17        Explanation:  This change is necessary to conform to
  79-18  terminology used in federal law.
  79-19        (144)  Senate Rule 12.03(4) is suspended to permit the
  79-20  committee in Section 58 of the conference committee report (Section
  79-21  79 in engrossed version; Section 54 in house special printing) to
  79-22  repeal the heading to Subchapter A, Chapter 34, Education Code.
  79-23        Explanation:  This change is necessary because the substance
  79-24  of Subchapter A, Chapter 34, has been repealed.
  79-25        (145)  Senate Rule 12.03(4) is suspended to permit the
  79-26  committee in Section 58 of the conference committee report (Section
  79-27  79 in engrossed version; Section 54 in house special printing) to
   80-1  repeal Section 3A, Chapter 280, Acts of the 53rd Legislature,
   80-2  Regular Session, 1953 (Article 6701d-1, Vernon's Texas Civil
   80-3  Statutes).
   80-4        Explanation:  This change is necessary to conform to changes
   80-5  made to Section 34.004.
   80-6        (146)  Senate Rule 12.03(4) is suspended to permit the
   80-7  committee in Section 63 of the conference committee report (Section
   80-8  89 in engrossed version) to add the following text:
   80-9        (f)  The Texas Education Agency may issue certificates under
  80-10  Subchapter B, Chapter 13, Education Code, as that subchapter
  80-11  existed on January 1, 1995, until:
  80-12              (1)  September 1, 1996, in the case of a person
  80-13  required to be licensed by a state agency other than the State
  80-14  Board for Educator Certification, as provided by Section 21.003(b),
  80-15  Education Code; and
  80-16              (2)  the effective date of rules of the State Board for
  80-17  Educator Certification for certification under Subchapter B,
  80-18  Chapter 21, Education Code, as added by this Act, in the case of a
  80-19  person required to hold a certificate under Section 21.003(a),
  80-20  Education Code, as added by this Act.
  80-21        (g)  A person who is employed by a public school in a
  80-22  position described by Section 21.003(b), Education Code, as added
  80-23  by this Act, other than the position of school psychologist or
  80-24  associate school psychologist, and who holds a certificate issued
  80-25  by the Central Education Agency or the Texas Education Agency under
  80-26  former Subchapter B, Chapter 13, Education Code, before September
  80-27  1, 1996, may continue to practice under that certificate.  A person
   81-1  practicing under a certificate to which this subsection applies may
   81-2  practice only in the employment of a public school.
   81-3        (h)  Not later than November 1, 1997, the State Board for
   81-4  Educator Certification shall propose rules relating to educator
   81-5  certification, including alternative certification, educator
   81-6  appraisals, and certification sanctions, and other rules the board
   81-7  is required to propose under Subchapter B, Chapter 21.  Rules
   81-8  adopted by the State Board of Education under Subchapter B, Chapter
   81-9  13, Education Code, as that subchapter existed on January 1, 1995,
  81-10  continue in effect until the effective date of rules of the State
  81-11  Board for Educator Certification under Subchapter B, Chapter 21.
  81-12        Explanation:  This change is necessary to provide for the
  81-13  transition to certification of educators by the State Board for
  81-14  Educator Certification.
  81-15        (147)  Senate Rules  12.03(1) and (3) are suspended to permit
  81-16  the committee to change and add text in Section 64(a) of the
  81-17  conference committee report (Section 90(a) in engrossed version;
  81-18  Section 58(a) in house special printing) to read as follows:
  81-19        (a)  Not later than November 1, 1995, the State Board of
  81-20  Education shall adopt rules for the certification of hearing
  81-21  examiners under Section 21.252, Education Code, as added by this
  81-22  Act.  Notwithstanding Section 7.102(e), Education Code, as added by
  81-23  this Act, rules adopted under this subsection take effect as
  81-24  provided by Chapter 2001, Government Code.
  81-25        Explanation:  This change is necessary to provide that rules
  81-26  for the certification of hearing examiners take effect as provided
  81-27  by the Administrative Procedure Act rather than as provided by
   82-1  Section 7.102(e), Education Code, under which a rule does not take
   82-2  effect until the beginning of the school year that begins at least
   82-3  90 days after the date on which the rule was adopted.
   82-4        (148)  Senate Rule 12.03(4) is suspended to permit the
   82-5  committee to add text in Section 66 of the conference committee
   82-6  report to read as follows:
   82-7        SECTION 66.  TRANSITION RELATING TO MINIMUM SICK LEAVE
   82-8  PROGRAM.  A public school employee retains any sick leave the
   82-9  employee has accumulated as state minimum sick leave under former
  82-10  Section 13.904(a), Education Code, as that subsection existed on
  82-11  January 1, 1995.  Former Section 13.904(c), Education Code, as that
  82-12  subsection existed on January 1, 1995, governs the use of that sick
  82-13  leave, and that law is continued in effect for that purpose.
  82-14        Explanation:  This change is necessary to permit a public
  82-15  school employee to retain any sick leave the employee accumulated
  82-16  as state minimum sick leave under former Section 13.904(c).
  82-17        (149)  Senate Rule 12.03(4) is suspended to permit the
  82-18  committee to add text in Section 69 of the conference committee
  82-19  report to read as follows:
  82-20        SECTION 69.  TRANSITION PROVISION RELATING TO TEXTBOOKS.  (a)
  82-21  The addition of Chapter 31, Education Code, by this Act does not
  82-22  affect the terms or validity of any contract entered into by the
  82-23  State Board of Education in accordance with former Chapter 12,
  82-24  Education Code, as that chapter existed at the time the contract
  82-25  was entered into, and that chapter is continued in effect for that
  82-26  purpose.
  82-27        (b)  The State Board of Education shall proceed with the
   83-1  adoption of textbooks whose adoption is in progress on the
   83-2  effective date of this Act, and Chapter 12, Education Code, as that
   83-3  chapter existed on January 1, 1995, is continued in effect for that
   83-4  purpose.
   83-5        Explanation:  This change is necessary to clarify that
   83-6  Chapter 31, Education Code, does not affect existing textbook
   83-7  contracts and to permit the State Board of Education to proceed
   83-8  with the adoption of textbooks under the former law if the adoption
   83-9  was in progress on the effective date of S.B. 1.
  83-10        (150)  Senate Rule 12.03(1) is suspended to permit the
  83-11  committee to strike references in Section 72 of the conference
  83-12  committee report (Section 98 in engrossed version; Section 68 in
  83-13  house special printing) to the "commissioner of higher education"
  83-14  and the "Texas Higher Education Coordinating Board" and substitute
  83-15  references to the "Texas Employment Commission" and to strike
  83-16  references to the "State Board for Career and Technical Education"
  83-17  and substitute references to the "State Board for Career and
  83-18  Technology Education."
  83-19        Explanation:  The change regarding the references to the
  83-20  Texas Employment Commission is necessary to conform to provisions
  83-21  granting the Texas Employment Commission authority over
  83-22  apprenticeship training provisions.  The change regarding
  83-23  references to the State Board for Career and Technology Education
  83-24  is necessary to conform to terminology used in federal law.
  83-25        (151)  Senate Rule 12.03(4) is suspended to permit the
  83-26  committee to add text in Section 73 of the conference committee
  83-27  report to read as follows:
   84-1        SECTION 73.  APPLICABILITY OF SECTION 41.098, EDUCATION CODE.
   84-2  Section 41.098, Education Code, as added by this Act, applies
   84-3  beginning with the 1996-1997 school year.
   84-4        Explanation:  This change is necessary to postpone the
   84-5  applicability of Section 41.098, which pertains to early agreement
   84-6  credit, until the 1996-1997 school year.
   84-7        (152)  Senate Rule 12.03(4) is suspended to permit the
   84-8  committee to add text in Section 74 of the conference committee
   84-9  report to read as follows:
  84-10        SECTION 74.  AUDIT OF PERMANENT SCHOOL FUND.  The State Board
  84-11  of Education shall retain an independent accounting firm to perform
  84-12  a financial audit of the permanent school fund before the board
  84-13  implements a contract for investment of the permanent school fund
  84-14  by a corporation pursuant to the authority granted by Section
  84-15  43.006, Education Code, as added by this Act.
  84-16        Explanation:  This change is necessary to require an audit of
  84-17  the permanent school fund before a corporation invests the money in
  84-18  the fund on behalf of the State Board of Education.
  84-19        (153)  Senate Rule 12.03(4) is suspended to permit the
  84-20  committee to add text in Section 75 of the conference committee
  84-21  report to read as follows:
  84-22        SECTION 75.  APPLICABILITY OF SECTION 43.008(c), EDUCATION
  84-23  CODE.  Section 43.008(c), Education Code, as added by this Act,
  84-24  applies to each fixed-income security purchased as an investment
  84-25  for the permanent school fund regardless of the date of purchase.
  84-26        Explanation:  This change is necessary to clarify the
  84-27  fixed-income securities to which Section 43.008(c) applies.
   85-1        (154)  Senate Rule 12.03(4) is suspended to permit the
   85-2  committee to add text in Section 78 of the conference committee
   85-3  report to read as follows:
   85-4        SECTION 78.  TRANSITION PROVISION RELATING TO SCHOOL
   85-5  PSYCHOLOGISTS.  (a)  A person who, on or after September 1, 1992,
   85-6  but before September 1, 1996, was employed as a school psychologist
   85-7  or associate school psychologist by a school district of this state
   85-8  under the Education Code, as that code existed on January 1, 1995,
   85-9  is entitled to a license as a licensed school psychologist under
  85-10  Section 26, Psychologists' Certification and Licensing Act (Article
  85-11  4512c, Vernon's Texas Civil Statutes), as added by this Act,
  85-12  without examination, if the person applies to the Texas State Board
  85-13  of Examiners of Psychologists for the license before September 1,
  85-14  1997, and pays the appropriate fees set by that board.
  85-15        (b)  A person who is employed by a public school as a school
  85-16  psychologist or associate school psychologist and who holds a
  85-17  certificate issued by the Central Education Agency or the Texas
  85-18  Education Agency under former Subchapter B, Chapter 13, Education
  85-19  Code, may continue to practice under that certificate until the
  85-20  person obtains a license as a licensed school psychologist as
  85-21  provided by Subsection (a) of this section.
  85-22        Explanation:  This change is necessary to provide a
  85-23  transition provision for licensing of school psychologists.
  85-24        (155)  Senate Rule 12.03(4) is suspended to permit the
  85-25  committee to add text in Section 83 of the conference committee
  85-26  report to read as follows:
  85-27        SECTION 83.  PROPOSAL TO IDENTIFY AND ASSIST STUDENTS
   86-1  REQUIRING SPECIAL SERVICES.  Not later than December 1, 1996, the
   86-2  State Board of Education shall submit to the legislature a proposal
   86-3  to identify and assist students who do not qualify for special
   86-4  education services under Subchapter A, Chapter 29, Education Code,
   86-5  as added by this Act, but who require special services beyond the
   86-6  regular school program.  The proposal must include methods of
   86-7  assessing the special abilities and needs of these students as well
   86-8  as a system to provide these students with appropriate education
   86-9  and career training.  Individuals trained in diagnostic and
  86-10  evaluation procedures must be involved in the development of the
  86-11  board's proposal.
  86-12        Explanation:  This change is necessary to require the State
  86-13  Board of Education to submit to the legislature a proposal to
  86-14  identify and assist certain students requiring special services.
  86-15        (156)  Senate Rule 12.03(4) is suspended to permit the
  86-16  committee to add text in Section 84 of the conference committee
  86-17  report to read as follows:
  86-18        SECTION 84.  RECOMMENDATION CONCERNING HIGH SCHOOL PROGRAMS
  86-19  OF STUDY.  Not later than January 1, 1997, the commissioner of
  86-20  education shall report to the legislature concerning recommended
  86-21  high school programs of study for college preparation and for broad
  86-22  career concentrations in areas such as arts and communication,
  86-23  business and management, health services, human resources,
  86-24  industrial and engineering systems, and natural resources.  The
  86-25  recommendations must address providing guidance to a student on
  86-26  sequences of rigorous courses that will prepare the student for
  86-27  continued learning in postsecondary educational, training, or
   87-1  employment settings.
   87-2        Explanation:  This change is necessary to require the
   87-3  commissioner of education to report to the legislature concerning
   87-4  recommended high school programs of study to prepare students for
   87-5  college and employment.
   87-6        (157)  Senate Rule 12.03(4) is suspended to permit the
   87-7  committee to add text in Section 85 of the conference committee
   87-8  report to read as follows:
   87-9        SECTION 85.  LEGISLATIVE BUDGET BOARD STUDY OF ALLOTMENTS AND
  87-10  ADJUSTMENTS UNDER CHAPTER 42, EDUCATION CODE.  (a)  The Legislative
  87-11  Budget Board shall study the various allotments and adjustments
  87-12  provided for by Chapter 42, Education Code, for the purpose of
  87-13  improving the efficient distribution of state funds.
  87-14        (b)  As part of this study, the board shall review the method
  87-15  by which the state funds the school transportation system.  The
  87-16  purpose of this review is to improve efficiency and reduce the
  87-17  paperwork burden on school districts.  The board shall also audit
  87-18  each school district whose transportation allocation significantly
  87-19  deviates from the average allocation on a student density basis to
  87-20  determine the reasons for that deviation.
  87-21        (c)  The board shall report its findings to the legislature
  87-22  not later than November 1, 1996.
  87-23        Explanation:  This change is necessary to require the
  87-24  Legislative Budget Board to study the various allotments and
  87-25  adjustments provided for by Chapter 42 for the purpose of improving
  87-26  the efficient distribution of state funds.
  87-27  ¯BEGCAPTIONÆ
   88-1  Suspending limitations on conference committee jurisdiction, S.B.
   88-2  1.
   88-3  ¯ENDCAPTIONÆ