By Howard H.B. No. 471
75R2167 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition of the Texas Education Agency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 7.002-7.004, Education Code, are amended
1-5 to read as follows:
1-6 Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND
1-7 PURPOSE. (a) The State Board of Education, the commissioner of
1-8 education, and the agency staff comprise the Texas Education
1-9 Agency.
1-10 (b) The agency shall carry out the educational functions
1-11 specifically delegated under Section 7.021, 7.055, or 7.102, or
1-12 another provision of this code.
1-13 Sec. 7.003. LIMITATION ON AUTHORITY. An educational
1-14 function not specifically delegated to the agency [or the board]
1-15 under this code is reserved to and shall be performed by school
1-16 districts or open-enrollment charter schools.
1-17 Sec. 7.004. SUNSET PROVISION. (a) The Texas Education
1-18 Agency is subject to Chapter 325, Government Code (Texas Sunset
1-19 Act). Except as provided by Subsection (b), unless [Unless]
1-20 continued in existence as provided by that chapter, the agency is
1-21 abolished September 1, 2005.
1-22 (b) The board may not be abolished under Chapter 325,
1-23 Government Code (Texas Sunset Act). The board shall be reviewed
1-24 under that Act during the same period as the remainder of the
2-1 agency.
2-2 SECTION 2. Section 7.055(b), Education Code, is amended to
2-3 read as follows:
2-4 (b) The budget the commissioner adopts under Subsection (a)
2-5 for operating the Foundation School Program must be in accordance
2-6 with legislative appropriations and provide funds for the
2-7 administration and operation of the agency and any other necessary
2-8 expense. The budget must designate any expense of operating the
2-9 agency or operating a program for which the agency [board] has
2-10 responsibility that is paid from the Foundation School Program.
2-11 The budget must designate program expenses that may be paid out of
2-12 the foundation school fund, other state funds, fees, federal funds,
2-13 or funds earned under interagency contract. Before adopting the
2-14 budget, the commissioner must submit the budget to the board for
2-15 review and, after receiving any comments of the board, present the
2-16 operating budget to the governor and the Legislative Budget Board.
2-17 The commissioner shall provide appropriate information on proposed
2-18 budget expenditures to the comptroller to assure that all payments
2-19 are paid from the appropriate funds in a timely and efficient
2-20 manner.
2-21 SECTION 3. Section 11.151(b), Education Code, is amended to
2-22 read as follows:
2-23 (b) The trustees as a body corporate have the exclusive
2-24 power and duty to govern and oversee the management of the public
2-25 schools of the district. All powers and duties not specifically
2-26 delegated by statute to the agency [or to the State Board of
2-27 Education] are reserved for the trustees, and the agency may not
3-1 substitute its judgment for the lawful exercise of those powers and
3-2 duties by the trustees.
3-3 SECTION 4. Section 29.257(i), Education Code, is amended to
3-4 read as follows:
3-5 (i) The State Board of Education may adopt rules necessary
3-6 to implement and enforce this section, including rules relating to
3-7 financial audits of school districts that receive money under this
3-8 section. Rules adopted under this section by the State Board of
3-9 Education may not permit the [board or the] agency to waive any
3-10 provision of this section.
3-11 SECTION 5. Sections 39.181(d) and (e), Education Code, are
3-12 amended to read as follows:
3-13 (d) Subsections (a) and (b) apply to any report required by
3-14 statute that the agency [or the State Board of Education] must
3-15 prepare and deliver to the governor, lieutenant governor, speaker
3-16 of the house of representatives, or legislature.
3-17 (e) Unless otherwise provided by law, any report required by
3-18 statute that the agency [or the State Board of Education] must
3-19 prepare and deliver to the governor, lieutenant governor, speaker
3-20 of the house of representatives, or legislature may be combined, at
3-21 the discretion of the commissioner, with a report required by this
3-22 subchapter.
3-23 SECTION 6. This Act takes effect September 1, 1997.
3-24 SECTION 7. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.