By Howard H.B. No. 472
75R1830 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition and powers and duties of the Texas
1-3 Education Agency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 7.002-7.004, 7.055, and 7.102, Education
1-6 Code, are amended to read as follows:
1-7 Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND
1-8 PURPOSE. (a) The State Board of Education, the commissioner of
1-9 education, and the agency staff comprise the Texas Education
1-10 Agency.
1-11 (b) The agency shall carry out the educational functions
1-12 specifically delegated under Section 7.021, 7.055, or 7.102, or
1-13 another provision of this code.
1-14 Sec. 7.003. LIMITATION ON AUTHORITY. An educational
1-15 function not specifically delegated to the agency [or the board]
1-16 under this code is reserved to and shall be performed by school
1-17 districts or open-enrollment charter schools.
1-18 Sec. 7.004. SUNSET PROVISION. (a) The Texas Education
1-19 Agency is subject to Chapter 325, Government Code (Texas Sunset
1-20 Act). Except as provided by Subsection (b), unless [Unless]
1-21 continued in existence as provided by that chapter, the agency is
1-22 abolished September 1, 2005.
1-23 (b) The board may not be abolished under Chapter 325,
1-24 Government Code (Texas Sunset Act). The board shall be reviewed
2-1 under that Act during the same period as the remainder of the
2-2 agency.
2-3 Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES.
2-4 [(a)] The commissioner has the following powers and duties:
2-5 (1) The commissioner shall serve as the educational
2-6 leader of the state.
2-7 (2) The commissioner shall serve as executive officer
2-8 of the agency and as executive secretary of the board.
2-9 (3) The commissioner shall carry out the duties
2-10 imposed on the commissioner by the board or the legislature.
2-11 (4) The commissioner shall prescribe a uniform system
2-12 of forms, reports, and records necessary to fulfill the reporting
2-13 and recordkeeping requirements of this title.
2-14 (5) The commissioner may delegate ministerial and
2-15 executive functions to agency staff and may employ division heads
2-16 and any other employees and clerks to perform the duties of the
2-17 agency.
2-18 (6) [The commissioner shall adopt an annual budget for
2-19 operating the Foundation School Program as prescribed by Subsection
2-20 (b).]
2-21 [(7)] The commissioner may issue vouchers for the
2-22 expenditures of the agency [and shall examine and must approve any
2-23 account to be paid out of the school funds by the state treasurer
2-24 before the comptroller may issue a warrant].
2-25 [(8) The commissioner shall file annually with the
2-26 governor and the Legislative Budget Board a complete and detailed
2-27 written report accounting for all funds received and disbursed by
3-1 the agency during the preceding fiscal year.]
3-2 (7) [(9)] The commissioner shall have a manual
3-3 published at least once every two years that contains Title 1 and
3-4 this title, any other provisions of this code relating specifically
3-5 to public primary or secondary education, and an appendix of all
3-6 other state laws relating to public primary or secondary education
3-7 and shall provide for the distribution of the manual as determined
3-8 by the board.
3-9 (8) [(10)] The commissioner may visit different areas
3-10 of this state, address teachers' associations and educational
3-11 gatherings, instruct teachers, and promote all aspects of education
3-12 and may be reimbursed for necessary travel expenses incurred under
3-13 this subdivision to the extent authorized by the General
3-14 Appropriations Act.
3-15 [(11) The commissioner may appoint advisory
3-16 committees, in accordance with Article 6252-33, Revised Statutes,
3-17 as necessary to advise the commissioner in carrying out the duties
3-18 and mission of the agency.]
3-19 (9) [(12)] The commissioner shall appoint an agency
3-20 auditor.
3-21 (10) [(13)] The commissioner may provide for
3-22 reductions in the number of agency employees.
3-23 (11) [(14)] The commissioner shall carry out duties
3-24 relating to the investment capital fund under Section 7.024.
3-25 (12) [(15)] The commissioner shall review and act, if
3-26 necessary, on applications for waivers under Section 7.056.
3-27 (13) [(16)] The commissioner shall carry out duties
4-1 relating to regional education service centers as specified under
4-2 Chapter 8.
4-3 (14) [(17)] The commissioner shall distribute funds to
4-4 open-enrollment charter schools as required under Subchapter D,
4-5 Chapter 12.
4-6 (15) [(18)] The commissioner shall adopt a recommended
4-7 appraisal process and criteria on which to appraise the performance
4-8 of teachers, a recommended appraisal process and criteria on which
4-9 to appraise the performance of administrators, and a job
4-10 description and evaluation form for use in evaluating counselors,
4-11 as provided by Subchapter H, Chapter 21.
4-12 (16) [(19)] The commissioner shall coordinate and
4-13 implement teacher recruitment programs under Section 21.004.
4-14 (17) [(20)] The commissioner shall perform duties in
4-15 connection with the certification and assignment of hearing
4-16 examiners as provided by Subchapter F, Chapter 21.
4-17 (18) [(21)] The commissioner shall carry out duties
4-18 under the Texas Advanced Placement Incentive Program under
4-19 Subchapter C, Chapter 28.
4-20 (19) [(22)] The commissioner may adopt rules for
4-21 optional extended year programs under Section 29.082.
4-22 (20) [(23)] The commissioner shall monitor and
4-23 evaluate prekindergarten programs and other child-care programs as
4-24 required under Section 29.154.
4-25 (21) [(24)] The commissioner, with the approval of the
4-26 board, shall develop and implement a plan for the coordination of
4-27 services to children with disabilities as required under Section
5-1 30.001.
5-2 (22) [(25)] The commissioner shall develop a system to
5-3 distribute to school districts or regional education service
5-4 centers a special supplemental allowance for students with visual
5-5 impairments as required under Section 30.002.
5-6 (23) [(26)] The commissioner, with the assistance of
5-7 the comptroller, shall determine amounts to be distributed to the
5-8 Texas School for the Blind and Visually Impaired and the Texas
5-9 School for the Deaf as provided by Section 30.003 and to the Texas
5-10 Youth Commission as provided by Section 30.102.
5-11 (24) [(27)] The commissioner shall establish a
5-12 procedure for resolution of disputes between a school district and
5-13 the Texas School for the Blind and Visually Impaired under Section
5-14 30.021.
5-15 (25) [(28)] The commissioner shall perform duties
5-16 relating to the funding, adoption, and purchase of textbooks under
5-17 Chapter 31.
5-18 (26) [(29)] The commissioner may enter into contracts
5-19 concerning technology in the public school system as authorized
5-20 under Chapter 32.
5-21 (27) [(30)] The commissioner shall adopt a recommended
5-22 contract form for the use, acquisition, or lease with option to
5-23 purchase of school buses under Section 34.009.
5-24 (28) [(31)] The commissioner shall ensure that the
5-25 cost of using school buses for a purpose other than the
5-26 transportation of students to or from school is properly
5-27 identified in the Public Education Information Management System
6-1 (PEIMS) under Section 34.010.
6-2 (29) [(32)] The commissioner shall perform duties in
6-3 connection with the public school accountability system as
6-4 prescribed by Chapter 39.
6-5 (30) [(33)] The commissioner shall develop and propose
6-6 to the legislature an assessment system for students exempted from
6-7 the generally applicable assessment program under Subchapter B,
6-8 Chapter 39.
6-9 (31) [(34)] The commissioner shall perform duties in
6-10 connection with the equalized wealth level under Chapter 41.
6-11 (32) [(35)] The commissioner shall perform duties in
6-12 connection with the Foundation School Program as prescribed by
6-13 Chapter 42.
6-14 (33) [(36)] The commissioner shall establish advisory
6-15 guidelines relating to the fiscal management of a school district
6-16 and report annually to the board on the status of school district
6-17 fiscal management as required under Section 44.001.
6-18 (34) [(37)] The commissioner shall review school
6-19 district audit reports as required under Section 44.008.
6-20 (35) [(38)] The commissioner shall perform duties in
6-21 connection with the guaranteed bond program as prescribed by
6-22 Subchapter C, Chapter 45.
6-23 (36) [(39)] The commissioner shall cooperate with the
6-24 Texas Higher Education Coordinating Board in connection with the
6-25 Texas partnership and scholarship program under Subchapter P,
6-26 Chapter 61.
6-27 (37) [(40)] The commissioner shall suspend the
7-1 certificate of an educator or permit of a teacher who violates
7-2 Chapter 617, Government Code.
7-3 [(b) The budget the commissioner adopts under Subsection (a)
7-4 for operating the Foundation School Program must be in accordance
7-5 with legislative appropriations and provide funds for the
7-6 administration and operation of the agency and any other necessary
7-7 expense. The budget must designate any expense of operating the
7-8 agency or operating a program for which the board has
7-9 responsibility that is paid from the Foundation School Program.
7-10 The budget must designate program expenses that may be paid out of
7-11 the foundation school fund, other state funds, fees, federal funds,
7-12 or funds earned under interagency contract. Before adopting the
7-13 budget, the commissioner must submit the budget to the board for
7-14 review and, after receiving any comments of the board, present the
7-15 operating budget to the governor and the Legislative Budget Board.
7-16 The commissioner shall provide appropriate information on proposed
7-17 budget expenditures to the comptroller to assure that all payments
7-18 are paid from the appropriate funds in a timely and efficient
7-19 manner.]
7-20 Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES.
7-21 (a) The board may perform only those duties relating to school
7-22 districts or regional education service centers assigned to the
7-23 board by the constitution of this state or by this subchapter or
7-24 another provision of this code.
7-25 (b) The board has the following powers and duties, which
7-26 shall be carried out with the advice and assistance of the
7-27 commissioner:
8-1 (1) The board shall develop and update a long-range
8-2 plan for public education.
8-3 (2) The board may enter into contracts relating to or
8-4 accept grants for the improvement of educational programs
8-5 specifically authorized by statute.
8-6 (3) The board may accept a gift, donation, or other
8-7 contribution on behalf of the public school system or agency and,
8-8 unless otherwise specified by the donor, may use the contribution
8-9 in the manner the board determines.
8-10 (4) The board shall establish curriculum and
8-11 graduation requirements.
8-12 (5) The board shall establish a standard of
8-13 performance considered satisfactory on student assessment
8-14 instruments.
8-15 (6) The board shall adopt rules to provide for
8-16 regional education service center boards of directors as provided
8-17 by Section 8.003 and rules under which a regional education service
8-18 center may receive and spend grants under Section 8.124.
8-19 (7) The board may create special-purpose school
8-20 districts under Chapter 11.
8-21 (8) The board shall provide for a training course for
8-22 school district trustees under Section 11.159.
8-23 (9) The board shall adopt a procedure to be used for
8-24 placing on probation or revoking a home-rule school district
8-25 charter as required by Subchapter B, Chapter 12, and may place on
8-26 probation or revoke a home-rule school district charter as provided
8-27 by that subchapter.
9-1 (10) The board may grant an open-enrollment charter or
9-2 approve a charter revision as provided by Subchapter D, Chapter 12.
9-3 (11) The board shall adopt rules establishing criteria
9-4 for certifying hearing examiners as provided by Section 21.252.
9-5 (12) The board shall adopt rules to carry out the
9-6 curriculum required or authorized under Section 28.002.
9-7 (13) The board shall establish guidelines for credit
9-8 by examination under Section 28.023.
9-9 (14) The board shall adopt transcript forms and
9-10 standards for differentiating high school programs for purposes of
9-11 reporting academic achievement under Section 28.025.
9-12 (15) The board shall adopt guidelines for determining
9-13 financial need for purposes of the Texas Advanced Placement
9-14 Incentive Program under Subchapter C, Chapter 28, and may approve
9-15 payments as provided by that subchapter.
9-16 (16) The board shall adopt criteria for identifying
9-17 gifted and talented students and shall develop and update a state
9-18 plan for the education of gifted and talented students as required
9-19 under Subchapter D, Chapter 29.
9-20 (17) The board shall adopt rules for approving adult
9-21 education programs as required under Section 29.253 and may
9-22 establish an adult education advisory committee under Section
9-23 29.254.
9-24 (18) The board shall adopt rules relating to community
9-25 education development projects as required under Section 29.257.
9-26 (19) The board may approve the plan to be developed
9-27 and implemented by the commissioner for the coordination of
10-1 services to children with disabilities as required under Section
10-2 30.001.
10-3 (20) The board shall establish a date by which each
10-4 school district and state institution shall provide to the
10-5 commissioner the necessary information to determine the district's
10-6 share of the cost of the education of a student enrolled in the
10-7 Texas School for the Blind and Visually Impaired or the Texas
10-8 School for the Deaf as required under Section 30.003 and may adopt
10-9 other rules concerning funding of the education of students
10-10 enrolled in the Texas School for the Blind and Visually Impaired or
10-11 the Texas School for the Deaf as authorized under Section 30.003.
10-12 (21) The board shall adopt rules prescribing the form
10-13 and content of information school districts are required to provide
10-14 concerning programs offered by state institutions as required under
10-15 Section 30.004.
10-16 (22) The board shall adopt rules concerning admission
10-17 of students to the Texas School for the Deaf as required under
10-18 Section 30.057.
10-19 (23) The board shall carry out powers and duties
10-20 related to regional day school programs for the deaf as provided
10-21 under Subchapter D, Chapter 30.
10-22 (24) The board shall adopt and purchase or license
10-23 textbooks as provided by Chapter 31 and adopt rules required by
10-24 that chapter.
10-25 (25) The board shall develop and update a long-range
10-26 plan concerning technology in the public school system as required
10-27 under Section 32.001 and shall adopt rules and policies concerning
11-1 technology in public schools as provided by Chapter 32.
11-2 (26) The board shall conduct feasibility studies
11-3 related to the telecommunications capabilities of school districts
11-4 and regional education service centers as provided by Section
11-5 32.033.
11-6 (27) The board shall appoint a board of directors of
11-7 the center for educational technology under Section 32.034.
11-8 (28) The board shall adopt rules relating to
11-9 extracurricular activities under Section 33.081 and approve,
11-10 disapprove, or modify University Interscholastic League rules and
11-11 procedures under Section 33.083.
11-12 (29) The board shall approve a program for testing
11-13 students for dyslexia and related disorders as provided by Section
11-14 38.003.
11-15 (30) The board shall perform duties in connection with
11-16 the public school accountability system as prescribed by Chapter
11-17 39.
11-18 (31) The board shall perform duties in connection with
11-19 the Foundation School Program as prescribed by Chapter 42.
11-20 (32) The board may invest the permanent school fund
11-21 within the limits of the authority granted by Section 5, Article
11-22 VII, Texas Constitution, and Chapter 43.
11-23 (33) The board shall adopt rules concerning school
11-24 district budgets and audits of school district fiscal accounts as
11-25 required under Subchapter A, Chapter 44.
11-26 (34) The board shall adopt an annual report on the
11-27 status of the guaranteed bond program and may adopt rules as
12-1 necessary for the administration of the program as provided under
12-2 Subchapter C, Chapter 45.
12-3 (35) The board shall prescribe uniform bid blanks for
12-4 school districts to use in selecting a depository bank as required
12-5 under Section 45.206.
12-6 (36) The board shall adopt an annual budget for
12-7 operating the Foundation School Program as prescribed by Subsection
12-8 (c).
12-9 (37) The board shall examine and must approve any
12-10 account to be paid out of the school funds before the comptroller
12-11 may issue a warrant.
12-12 (38) The board shall file annually with the governor
12-13 and the Legislative Budget Board a complete and detailed written
12-14 report accounting for all funds received and disbursed by the
12-15 agency during the preceding fiscal year.
12-16 (39) The board may appoint advisory committees, in
12-17 accordance with Article 6252-33, Revised Statutes, as necessary to
12-18 advise the agency in carrying out the duties and mission of the
12-19 agency.
12-20 (c) The budget the board adopts under Subsection (b) for
12-21 operating the Foundation School Program must be in accordance with
12-22 legislative appropriations and provide funds for the administration
12-23 and operation of the agency and any other necessary expense. The
12-24 budget must designate any expense of operating the agency or
12-25 operating a program for which the agency has responsibility that is
12-26 paid from the Foundation School Program. The budget must designate
12-27 program expenses that may be paid out of the foundation school
13-1 fund, other state funds, fees, federal funds, or funds earned under
13-2 interagency contract. The board must present the operating budget
13-3 to the governor and the Legislative Budget Board. The board shall
13-4 provide appropriate information on proposed budget expenditures to
13-5 the comptroller to assure that all payments are paid from the
13-6 appropriate funds in a timely and efficient manner.
13-7 (d) The board may adopt rules relating to school districts
13-8 or regional education service centers only as required to carry out
13-9 the specific duties assigned to the board by the constitution or
13-10 under Subsection (b).
13-11 (e) [(d)] An action of the board to adopt a rule under this
13-12 section is effective only if the board includes in the rule's
13-13 preamble a statement of the specific authority under Subsection (b)
13-14 to adopt the rule.
13-15 (f) [(e)] Except as otherwise provided by this subsection, a
13-16 rule adopted by the board under this section does not take effect
13-17 until the beginning of the school year that begins at least 90 days
13-18 after the date on which the rule was adopted. The rule takes
13-19 effect earlier if the rule's preamble specifies an earlier
13-20 effective date and the reason for that earlier date and:
13-21 (1) the earlier effective date is a requirement of:
13-22 (A) a federal law; or
13-23 (B) a state law that specifically refers to this
13-24 section and expressly requires the adoption of an earlier effective
13-25 date; or
13-26 (2) on the affirmative vote of two-thirds of the
13-27 members of the board, the board makes a finding that an earlier
14-1 effective date is necessary.
14-2 SECTION 2. Section 11.151(b), Education Code, is amended to
14-3 read as follows:
14-4 (b) The trustees as a body corporate have the exclusive
14-5 power and duty to govern and oversee the management of the public
14-6 schools of the district. All powers and duties not specifically
14-7 delegated by statute to the agency [or to the State Board of
14-8 Education] are reserved for the trustees, and the agency may not
14-9 substitute its judgment for the lawful exercise of those powers and
14-10 duties by the trustees.
14-11 SECTION 3. Section 29.257(i), Education Code, is amended to
14-12 read as follows:
14-13 (i) The State Board of Education may adopt rules necessary
14-14 to implement and enforce this section, including rules relating to
14-15 financial audits of school districts that receive money under this
14-16 section. Rules adopted under this section by the State Board of
14-17 Education may not permit the [board or the] agency to waive any
14-18 provision of this section.
14-19 SECTION 4. Sections 39.181(d) and (e), Education Code, are
14-20 amended to read as follows:
14-21 (d) Subsections (a) and (b) apply to any report required by
14-22 statute that the agency [or the State Board of Education] must
14-23 prepare and deliver to the governor, lieutenant governor, speaker
14-24 of the house of representatives, or legislature.
14-25 (e) Unless otherwise provided by law, any report required by
14-26 statute that the agency [or the State Board of Education] must
14-27 prepare and deliver to the governor, lieutenant governor, speaker
15-1 of the house of representatives, or legislature may be combined, at
15-2 the discretion of the commissioner, with a report required by this
15-3 subchapter.
15-4 SECTION 5. The amendment of Sections 7.055 and 7.102,
15-5 Education Code, by this Act does not affect operation of the
15-6 Foundation School Program under a budget adopted before the
15-7 effective date of this Act or the continuation of an advisory
15-8 committee appointed by the commissioner of education before the
15-9 effective date of this Act.
15-10 SECTION 6. This Act takes effect September 1, 1997.
15-11 SECTION 7. The importance of this legislation and the
15-12 crowded condition of the calendars in both houses create an
15-13 emergency and an imperative public necessity that the
15-14 constitutional rule requiring bills to be read on three several
15-15 days in each house be suspended, and this rule is hereby suspended.