By West                                         H.B. No. 2108

      75R5764 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the preparation of school district budgets.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 44.002, Education Code, is amended to

 1-5     read as follows:

 1-6           Sec. 44.002.  PREPARATION OF BUDGET.  (a)  On or before a

 1-7     date set by the State Board of Education, the board of trustees

 1-8     [superintendent] shall prepare, or cause to be prepared, a proposed

 1-9     budget  covering all estimated revenue and proposed expenditures of

1-10     the district for the following fiscal year.

1-11           (b)  The budget must be prepared according to generally

1-12     accepted accounting principles and[,] rules adopted by the State

1-13     Board of Education[, and adopted policies of the board of

1-14     trustees].

1-15           SECTION 2.  Section 11.201(d), Education Code, is amended to

1-16     read as follows:

1-17           (d)  The duties of the superintendent include:

1-18                 (1)  assuming administrative responsibility and

1-19     leadership for the planning, operation, supervision, and evaluation

1-20     of the education programs, services, and facilities of the district

1-21     and for the annual performance appraisal of the district's staff;

1-22                 (2)  assuming administrative authority and

1-23     responsibility for the assignment and evaluation of all personnel

1-24     of the district other than the superintendent;

 2-1                 (3)  making recommendations regarding the selection of

 2-2     personnel of the district other than the superintendent, as

 2-3     provided by Section 11.163;

 2-4                 (4)  initiating the termination or suspension of an

 2-5     employee or the nonrenewal of an employee's term contract;

 2-6                 (5)  managing the day-to-day operations of the district

 2-7     as its administrative manager;

 2-8                 (6)  [preparing and submitting to the board of trustees

 2-9     a proposed budget as provided by Section 44.002;]

2-10                 [(7)]  preparing recommendations for policies to be

2-11     adopted by the board of trustees and overseeing the implementation

2-12     of adopted policies;

2-13                 (7) [(8)]  developing or causing to be developed

2-14     appropriate administrative regulations to implement policies

2-15     established by the board of trustees;

2-16                 (8) [(9)]  providing leadership for the attainment of

2-17     student performance in the district based on the indicators adopted

2-18     under Section 39.051 and other indicators adopted by the State

2-19     Board of Education or the district's board of trustees;

2-20                 (9) [(10)]  organizing the district's central

2-21     administration; and

2-22                 (10) [(11)]  performing any other duties assigned by

2-23     action of the board of trustees.

2-24           SECTION 3.  This Act applies to preparation of school

2-25     district budgets for the 1998-1999 school year and thereafter.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.