By Bailey H.B. No. 872
76R3683 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certification of school district business officials.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 22, Education Code, is amended by adding
1-5 Subchapter D to read as follows:
1-6 SUBCHAPTER D. CERTIFICATION OF SCHOOL BUSINESS OFFICIALS
1-7 Sec. 22.101. DEFINITIONS. In this subchapter:
1-8 (1) "Board" means the State Board for Educator
1-9 Certification.
1-10 (2) "School business official" means a person employed
1-11 by a school district who performs business functions that require
1-12 the person to exercise discretion or make decisions, as determined
1-13 by the board, and who is not certified under Subchapter B, Chapter
1-14 21.
1-15 Sec. 22.102. CERTIFICATION REQUIRED. A person may not be
1-16 employed by a school district as a school business official unless
1-17 the person holds an appropriate certificate as provided by this
1-18 subchapter.
1-19 Sec. 22.103. RULES; FEE. (a) The board shall propose rules
1-20 that:
1-21 (1) provide for the regulation of school business
1-22 officials and the general administration of this subchapter;
1-23 (2) specify the classes of school business official
1-24 certificates to be issued;
2-1 (3) specify the period for which each class of school
2-2 business official certificate is valid; and
2-3 (4) specify the requirements for the issuance and
2-4 renewal of a school business official certificate.
2-5 (b) The board shall propose a rule adopting a fee for the
2-6 issuance and maintenance of a school business official certificate
2-7 that is adequate to cover the cost of administration of this
2-8 subchapter.
2-9 Sec. 22.104. SCHOOL BUSINESS OFFICIAL PREPARATION. The
2-10 board shall propose rules establishing the training requirements a
2-11 person must accomplish to obtain a certificate. The rules must
2-12 specify the minimum academic qualifications required for a
2-13 certificate.
2-14 Sec. 22.105. ADVISORY COMMITTEES. For each class of school
2-15 business official certificate the board issues, the board shall
2-16 establish an advisory committee to recommend standards for that
2-17 class to the board. An advisory committee must include:
2-18 (1) the following, appointed by the presiding officer
2-19 of the board:
2-20 (A) at least one school business official;
2-21 (B) at least one school administrator;
2-22 (C) at least one school district financial
2-23 auditor; and
2-24 (D) a citizen not employed by a school district;
2-25 (2) at least one member of the State Board of
2-26 Education, appointed by the chair of that board;
2-27 (3) at least one employee of the agency, appointed by
3-1 the commissioner;
3-2 (4) at least one employee of the State Auditor's
3-3 Office, appointed by the state auditor;
3-4 (5) at least one member of the senate, appointed by
3-5 the lieutenant governor; and
3-6 (6) at least one member of the house of
3-7 representatives, appointed by the speaker of the house of
3-8 representatives.
3-9 Sec. 22.106. PRESENTATION AND RECORDING OF CERTIFICATES.
3-10 (a) A person who desires to work as a school business official in
3-11 a school district shall present the person's certificate for filing
3-12 with the employing district before the person's contract with the
3-13 board of trustees of the district is binding.
3-14 (b) A school business official who does not hold a valid
3-15 certificate may not be paid for work done before the effective date
3-16 of issuance of a valid certificate.
3-17 SECTION 2. This Act takes effect September 1, 1999.
3-18 SECTION 3. (a) Not later than October 1, 1999, the State
3-19 Board for Educator Certification shall propose rules specifying
3-20 each class of school business official certification the board will
3-21 issue.
3-22 (b) Not Later than November 1, 1999, each appointing
3-23 authority specified in Section 22.105, Education Code, as added by
3-24 this Act, shall appoint persons to serve on each advisory committee
3-25 required under that section.
3-26 (c) Not Later than May 1, 2000, the State Board for Educator
3-27 Certification shall propose rules specifying the minimum
4-1 requirements and qualifications under Sections 22.103 and 22.104,
4-2 Education Code, as added by this Act, for each class of school
4-3 business official.
4-4 (d) Beginning on the second anniversary of the effective
4-5 date of rules proposed under Subsection (c) of this section, a
4-6 school district may not employ a person as a school business
4-7 official unless the person holds the appropriate certificate issued
4-8 under Subchapter D, Chapter 22, Education Code, as added by this
4-9 Act. The employment of a person as a school business official
4-10 before that date is governed by the law in effect on January 1,
4-11 1999, and the former law is continued in effect for that purpose.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.