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.