SRC-JRN H.B. 583 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 583
By: Maxey (Barrientos)
Education
5-16-97
Engrossed


DIGEST 

Currently, there exists a unit for parental involvement and community
empowerment created by the commissioner of education.  However, activities
related to parental involvement are still not centralized within the Texas
Education Agency.  This bill requires the agency to establish a division
that would consolidate all agency activities related to parental
involvement.  

PURPOSE

As proposed, H.B. 583 requires the Texas Education Agency to establish a
division that would consolidate all agency activities related to parental
involvement.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 7B, Education Code, by adding Section 7.025, as
follows: 

Sec. 7.025.  PARENTAL INVOLVEMENT DIVISION.  Requires the Texas Education
Agency (agency) to establish a parental involvement division (division).
Requires the division to develop, implement, and administer programs and
activities to encourage and maintain parental involvement in public
schools. 

SECTION 2. Amends Section 7.056(b), Education Code, to require an
application for a waiver from a school district to include written
comments and the signature of the chairperson of the appropriate campus-
or district-level committee established under Section 11.251 evidencing
review of the application by a majority of the members of the committee,
according to certain provisions. 

SECTION 3. Amends Section 39.052, Education Code, by amending Subsections
(b) and (c), and adding Subsection (d), to require a report card to
include certain information, including the phone number of the agency's
parental involvement division, and the phone number at the agency to call
for information concerning assessment instruments under Section 39.023.
Requires phone numbers required under Subsections (b)(4) and (5) to be
toll free to further encourage parental involvement. Requires the
commissioner to adopt rules for requiring dissemination of appropriate
student performance portions of campus report cards and the information
required under Subsections (b)(4) and (5) annually to certain persons. 

SECTION 4. Amends Section 45.105(c), Education Code, to authorize certain
funds, including state funds not designated for a specific purpose, to be
used for purposes listed for state and county funds, including purposes
necessary in the conduct of the public schools.  Makes a conforming and
nonsubstantive change. 

SECTION 5. Amends Chapter 101B, Civil Practice and Remedies Code, by
adding Section 101.0216, as follows: 

Sec. 101.0216.  LIABILITY OF SCHOOL DISTRICT.  Provides that a school
district is liable for damages for personal injury or death, if certain
conditions occur.  Prohibits  Sections 101.023, 101.024, and 101.106 from
applying to the liability of a school district under this section.
Defines "sexual misconduct." 

SECTION 6. Amends Section 101.051, Civil Practice and Remedies Code, to
provide that this chapter does not apply to a junior college district,
except as to motor vehicles.  Provides that this chapter does not apply to
a school district, except as to motor vehicles and and provided by Section
101.0216. 

SECTION 7. Amends Section 22.051(b), Education Code, to provide that this
section does not apply to the operation, use, or maintenance of any motor
vehicle or to any act for which a school district may be liable under
Section 101.0216, Civil Practice and Remedies Code. 

SECTION 8. Makes application of this Act prospective.

SECTION 9. Requires the commissioner of education to consolidate certain
programs of the Texas Education Agency on January 1, 1998.  Requires
certain materials that are the property of the Texas Education Agency that
relate to parental involvement programs to be transferred to the custody
of the parental involvement division of the agency on January 1, 1998. 

SECTION 10. Provides that the amendment to Sections 39.052(b) and (d),
Education Code, applies to campus report cards for the 1997-1998 school
year and each school year thereafter. 

SECTION 11. Effective date: September 1, 1997.

SECTION 12. Emergency clause.