TWT H.B. 107 75(R)BILL ANALYSIS TRANSPORTATION H.B. 107 By: Giddings 4-15-97 Committee Report (Substituted) BACKGROUND Last year, more than 20 percent of third graders failed the Texas Assessment of Academic Skills test in reading. Educators almost universally believe that if a child is not reading at grade-level by third grade, the child's chances of reaching his or her full potential and becoming productive a citizen is greatly diminished. Consequently, making sure that every child has an opportunity to read takes on an added urgency and must be a top priority. PURPOSE C.S.H.B. 107, creates a "Read to Succeed" license plate program, the proceeds from which, will offer reading programs for students in kindergarten through grade three who read below their grade level. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Commissioner of Education in Section 2, in Sections 29.351 and 29.353, Education Code. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter F, Chapter 502, Transportation Code, by adding Section 502.292. (a) Requires the Texas Department of Transportation (TXDOT) to issue specially designed "Read to Succeed" license plates for passenger cars and light trucks. (b) Requires the TXDOT to issue license plates to a person who: (1) applies to the assessorcollector for original or annual renewal registration, and (2) pays an annual fee and the prescribed registration fee. For personalized prestige license plates, the prescribed fee must be paid as well. (c) Sets the annual fee for "Read to Succeed" plates at: (1) an amount not to exceed $5 for administration. (2) an additional amount of: (A) $15 for each set of plates, if purchasing plates for a fleet of 50 or more vehicles; or (B) $25 for each set of plates, if (A) does not apply. (d) Requires TXDOT to deposit fees collected under (c)(2) in the "Read to Succeed" account. (e) The remainder of each fee collected can only be used to defray administration costs. SECTION 2. Amends Chapter 29, Education Code, by adding Subchapter J. SUBCHAPTER J. READ TO SUCCEED PROGRAM Sec. 29.351. Requires the commissioner of education to develop a "Read to Succeed" program under which grants are made to public school campuses to provide extra reading education to students, kindergarten through third grade, who are reading below grade level. Sec. 29.352. Requires a campus to have at least 35 percent of its students in kindergarten through third grade reading below grade level in order to receive a grant. Prohibits these funds from being used to supplant existing programs. Requires extra reading education to be provided after regular classroom hours. Prohibits a certified school employee from being assigned extra duties for the program outside the regular school day unless they are compensated. Sec. 29.353. Requires the commissioner of education to: (1) determine additional guidelines for grant eligibility; (2) prescribe the grant application procedures; and (3) perform other activities deemed necessary to carry out this subchapter. Sec. 29.354 (a) Requires the "Read to Succeed" advisory board to assist the commissioner in developing program goals, determining which eligible applicants receive grants, the amount of each grant, and promoting the "Read to Succeed" license plates. (b) The board consists of the commissioner or the commissioner's designee and eight others: (1) four appointed by the governor; (2) two appointed by the governor from nominees submitted by the Speaker of the House; and (3) two appointed by the lieutenant governor. (c) Of the four selected by the governor: (1) one must represent the public; (2) two must represent children's educational interests; and (3) one must represent public schools. (d) A member of the advisory board cannot be compensated for serving on the board, but is entitled to reimbursement for travel expenses in carrying out official board member duties. Sec. 29.355. (a) Requires the comptroller to maintain a "Read to Succeed" account in the general revenue fund. The account is composed of: (1) money required to be deposited to the account and (2) donations made to the account. (b) Requires money in the "Read to Succeed" account to be used only to make grants. SECTION 3. Prohibits a grant to be made under this Act before August 1, 1998. SECTION 4. Effective date -- September 1, 1997. SECTION 5. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. The original created Sec. 502.289, while the substitute creates Sec. 502.292, Transportation Code. Sec. 502.292 (b) of the original required the words "Read to Succeed" on the license plates and for the plates to be of a color, quality, and design approved by the commissioner of education. This provision was removed in the substitute. Sec. 502.292(c)(2) of the substitute provides for a $15 annual fee for purchasing 50 or more "Read to Succeed" plates. The original did not contain this provision. In Sec. 502.289(e) of the original and Sec. 502.292(d) of the substitute, funds collects under this section are to be deposited into the "Read to Succeed Account". The statutory reference of the account in the original is Sec. 29.354, Education Code. The substitute cite is Sec. 29.355, Education Code. SECTION 2. In Sec. 29.352, Transportation Code, the substitute prohibits a certified public school employee from being assigned additional instructional duties from the "Read to Succeed" program outside of the regular workday unless they are compensated. The original only provided that "Read to Succeed" programs had to take place after regular school hours. The substitute adds Section 29.354, Transportation Code, creating the advisory board and reduces the board from eleven in the original to nine (the commissioner of education and eight appointees) in the substitute. The new section also addresses the process of how the board will be appointed, which was not addressed in the original. The "Read to Succeed Account", to be maintained by the comptroller and to where fees collected under this section are to be deposited, was created in Sec. 29.354, Education Code, in the original, but Sec. 29.355, Education Code, in the substitute.