By Rangel H.B. No. 1232
76R3950 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a single state board and a single
1-3 commissioner to oversee and administer public and higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 1, Education Code, is amended by adding
1-6 Sections 1.004-1.008 to read as follows:
1-7 Sec. 1.004. BOARD OF TEXAS EDUCATION. (a) The Board of
1-8 Texas Education is responsible for overseeing public and higher
1-9 education in this state. The board is composed of 15 members
1-10 appointed as follows:
1-11 (1) with the advice and consent of the senate, the
1-12 governor shall appoint 10 members, five of whom must be selected
1-13 from a list of 15 candidates proposed by the speaker of the house
1-14 of representatives based on recommendations from members of the
1-15 house of representatives; and
1-16 (2) the lieutenant governor shall appoint five members
1-17 selected from a list of candidates proposed by members of the
1-18 senate.
1-19 (b) Members of the board serve staggered six-year terms,
1-20 with the terms of one-third of the members expiring February 1 of
1-21 each odd-numbered year.
1-22 (c) A vacancy on the board shall be filled in the same
1-23 manner as the original appointment.
1-24 (d) The governor shall designate a member of the board as
2-1 the presiding officer of the board to serve in that capacity at the
2-2 will of the governor.
2-3 (e) Appointments to the board shall be made without regard
2-4 to the race, color, disability, sex, religion, age, or national
2-5 origin of the appointed member.
2-6 (f) The Board of Texas Education has the powers and duties
2-7 provided by law for the State Board of Education and the Texas
2-8 Higher Education Coordinating Board. A reference in this code or
2-9 other law to the State Board of Education is considered a reference
2-10 to the Board of Texas Education. A reference in this code or other
2-11 law to the Texas Higher Education Coordinating Board is considered
2-12 a reference to the Board of Texas Education or to the Texas Higher
2-13 Education Agency, as appropriate.
2-14 Sec. 1.005. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP,
2-15 AND EMPLOYMENT. (a) A person is not eligible for service on the
2-16 board if the person holds an office with this state or any
2-17 political subdivision of this state.
2-18 (b) A member of the board must be a representative of the
2-19 general public. A person is not eligible for appointment as a
2-20 member of the board if the person or the person's spouse:
2-21 (1) is employed by or participates in the management
2-22 of a business entity or other organization regulated by the board
2-23 or receiving funds from the board;
2-24 (2) owns or controls, directly or indirectly, more
2-25 than a 10 percent interest in a business entity or other
2-26 organization regulated by the board or receiving funds from the
2-27 board; or
3-1 (3) uses or receives a substantial amount of tangible
3-2 goods, services, or funds from the board, other than reimbursement
3-3 authorized by law for board membership, attendance, or expenses.
3-4 (c) A person may not be a member of the board and may not be
3-5 a board employee employed in a "bona fide executive,
3-6 administrative, or professional capacity," as that phrase is used
3-7 for purposes of establishing an exemption to the overtime
3-8 provisions of the federal Fair Labor Standards Act of 1938 (29
3-9 U.S.C. Section 201 et seq.), and its subsequent amendments, if the
3-10 person or the person's spouse is an officer, employee, or paid
3-11 consultant of a Texas trade association in the field of education.
3-12 (d) A person may not serve as a member of the board or act
3-13 as the general counsel to the board if the person is required to
3-14 register as a lobbyist under Chapter 305, Government Code, because
3-15 of the person's activities for compensation on behalf of a
3-16 profession related to the operation of the board.
3-17 (e) For the purposes of this section, a Texas trade
3-18 association is a nonprofit, cooperative, and voluntarily joined
3-19 association of business or professional competitors in this state
3-20 designed to assist its members and its industry or profession in
3-21 dealing with mutual business or professional problems and in
3-22 promoting their common interest.
3-23 Sec. 1.006. REMOVAL OF BOARD MEMBER. (a) It is a ground
3-24 for removal from the board if a member:
3-25 (1) violates a prohibition established by Section
3-26 1.005;
3-27 (2) cannot, because of illness or disability,
4-1 discharge the member's duties for a substantial part of the term
4-2 for which the member is appointed; or
4-3 (3) is absent from more than half of the regularly
4-4 scheduled board meetings that the member is eligible to attend
4-5 during a calendar year unless the absence is excused by majority
4-6 vote of the board.
4-7 (b) The validity of an action of the board is not affected
4-8 by the fact that it is taken when a ground for removal of a board
4-9 member exists.
4-10 (c) If the commissioner of Texas education has knowledge
4-11 that a potential ground for removal exists, the commissioner shall
4-12 notify the presiding officer of the board of the ground. The
4-13 presiding officer shall then notify the governor and the attorney
4-14 general that a potential ground for removal exists. If the
4-15 potential ground for removal involves the presiding officer, the
4-16 commissioner shall notify the next highest ranking officer of the
4-17 board, who shall then notify the governor and the attorney general
4-18 that a potential ground for removal exists.
4-19 Sec. 1.007. COMPENSATION AND REIMBURSEMENT OF BOARD MEMBER.
4-20 (a) A member of the board is not entitled to receive compensation.
4-21 (b) A member of the board is entitled to reimbursement of
4-22 the member's expenses as provided by law.
4-23 Sec. 1.008. COMMISSIONER OF TEXAS EDUCATION. (a) The Board
4-24 of Texas Education shall appoint a commissioner of Texas education
4-25 to serve at the pleasure of the board.
4-26 (b) The commissioner of Texas education has powers and
4-27 duties provided by law for the commissioner of education and the
5-1 commissioner of higher education, and a reference in this code or
5-2 other law to either office is considered a reference to the
5-3 commissioner of Texas education.
5-4 SECTION 2. Section 5.001(3), Education Code, is amended to
5-5 read as follows:
5-6 (3) "Commissioner" means the commissioner of Texas
5-7 education.
5-8 SECTION 3. Section 7.001, Education Code, is amended to read
5-9 as follows:
5-10 Sec. 7.001. DEFINITION. In this chapter, "board" means the
5-11 [State] Board of Texas Education.
5-12 SECTION 4. Section 7.002(a), Education Code, is amended to
5-13 read as follows:
5-14 (a) The commissioner of Texas education and the agency staff
5-15 comprise the Texas Education Agency.
5-16 SECTION 5. Section 7.024(e), Education Code, is amended to
5-17 read as follows:
5-18 (e) The commissioner may make a grant of up to $50,000 each
5-19 academic year to an eligible school. Campus administration
5-20 personnel of a school that receives a grant under this section are
5-21 accountable to the commissioner [of education] and must
5-22 demonstrate:
5-23 (1) the responsible use of the grant to achieve campus
5-24 deregulation and restructuring to improve academic performance;
5-25 (2) a comprehensive plan to engage in ongoing
5-26 development and training of teachers, parents, and community
5-27 leaders to:
6-1 (A) understand academic standards;
6-2 (B) develop effective strategies to improve
6-3 academic performance; and
6-4 (C) organize a large constituency of parents and
6-5 community leaders to hold the school and school district
6-6 accountable to achieve high academic standards;
6-7 (3) ongoing progress in achieving higher academic
6-8 performance; and
6-9 (4) ongoing progress in identifying, training, and
6-10 organizing parents and community leaders who are holding the school
6-11 and the school district accountable for achieving high academic
6-12 standards.
6-13 SECTION 6. The heading to Subchapter C, Chapter 7, Education
6-14 Code, is amended to read as follows:
6-15 SUBCHAPTER C. COMMISSIONER OF TEXAS EDUCATION
6-16 SECTION 7. The heading to Section 7.055, Education Code, is
6-17 amended to read as follows:
6-18 Sec. 7.055. COMMISSIONER [OF EDUCATION] POWERS AND DUTIES.
6-19 SECTION 8. The heading to Subchapter D, Chapter 7, Education
6-20 Code, is amended to read as follows:
6-21 SUBCHAPTER D. [STATE] BOARD OF TEXAS EDUCATION
6-22 SECTION 9. The heading to Section 7.102, Education Code, is
6-23 amended to read as follows:
6-24 Sec. 7.102. [STATE] BOARD OF TEXAS EDUCATION POWERS AND
6-25 DUTIES.
6-26 SECTION 10. Section 7.112(a), Education Code, is amended to
6-27 read as follows:
7-1 (a) A former member of the [State] Board of Texas Education
7-2 who is employed by or otherwise receives compensation from a
7-3 textbook publisher may not, before the second anniversary of the
7-4 date on which the person last served as a member of the board
7-5 [State Board of Education]:
7-6 (1) confer with a member of the board of trustees of a
7-7 school district concerning a textbook published by that textbook
7-8 publisher; or
7-9 (2) appear at a meeting of the board of trustees on
7-10 behalf of the textbook publisher.
7-11 SECTION 11. Section 21.033(a), Education Code, is amended to
7-12 read as follows:
7-13 (a) The State Board for Educator Certification is composed
7-14 of 15 members. The commissioner of Texas education shall appoint
7-15 an employee of the agency as a nonvoting member to represent the
7-16 interests of public education and [commissioner as a nonvoting
7-17 member. The commissioner of higher education shall appoint] an
7-18 employee of the Texas Higher Education Agency as a nonvoting member
7-19 [Coordinating Board] to represent the interests of higher education
7-20 [commissioner as a nonvoting member]. The governor shall appoint a
7-21 dean of a college of education in this state as a nonvoting member.
7-22 The remaining 12 members are appointed by the governor with the
7-23 advice and consent of the senate, as follows:
7-24 (1) four members must be teachers employed in public
7-25 schools;
7-26 (2) two members must be public school administrators;
7-27 (3) one member must be a public school counselor; and
8-1 (4) five members must be citizens, three of whom are
8-2 not and have not, in the five years preceding appointment, been
8-3 employed by a public school district or by an educator preparation
8-4 program in an institution of higher education and two of whom are
8-5 not and have not been employed by a public school district or by an
8-6 educator preparation program in an institution of higher education.
8-7 SECTION 12. Section 21.034(a), Education Code, is amended to
8-8 read as follows:
8-9 (a) The board members appointed by the governor hold office
8-10 for staggered terms of six years with the terms of one-third of the
8-11 members expiring on February 1 of each odd-numbered year. A member
8-12 appointed by the commissioner of Texas education [or the
8-13 commissioner of higher education] serves at the will of the
8-14 [appointing] commissioner.
8-15 SECTION 13. Section 55.171(d), Education Code, is amended to
8-16 read as follows:
8-17 (d) It is provided, however, that no bonds shall be issued
8-18 hereunder and no tuition shall be pledged thereto unless and until
8-19 the specific terms and provisions of said bonds and pledge have
8-20 been first approved by the [Coordinating] Board of[,] Texas
8-21 Education [College and University System], in accordance with board
8-22 rules [and regulations regarding that subject adopted, published
8-23 and heard in accordance with Section 61.027 of this code].
8-24 SECTION 14. Section 55.172(b), Education Code, is amended to
8-25 read as follows:
8-26 (b) It is provided, however, that no bonds shall be issued
8-27 hereunder and no tuition shall be pledged thereto unless and until
9-1 the specific terms and provisions of said bonds and pledge have
9-2 been first approved by the Board of Texas [Higher] Education
9-3 [Coordinating Board] in accordance with board rules [and
9-4 regulations regarding that subject adopted, published, and heard in
9-5 accordance with Section 61.027 of this code].
9-6 SECTION 15. The heading to Chapter 61, Education Code, is
9-7 amended to read as follows:
9-8 CHAPTER 61. STATE ORGANIZATION [TEXAS HIGHER EDUCATION
9-9 COORDINATING BOARD]
9-10 SECTION 16. Section 61.002, Education Code, is amended to
9-11 read as follows:
9-12 Sec. 61.002. PURPOSE. (a) The purpose of this chapter is
9-13 to [establish in the field of public higher education in the State
9-14 of Texas an agency to] provide for leadership and coordination of
9-15 [for] the Texas higher education system, institutions, and
9-16 governing boards, to the end that the State of Texas may achieve
9-17 excellence for college education of its youth through the efficient
9-18 and effective utilization and concentration of all available
9-19 resources and the elimination of costly duplication in program
9-20 offerings, faculties, and physical plants.
9-21 (b) In the exercise of its leadership role, the Board of
9-22 Texas [Higher] Education, with the support of the Texas Higher
9-23 Education Agency [Coordinating Board] established by this chapter,
9-24 shall be an advocate for the provision of adequate resources and
9-25 sufficient authority to institutions of higher education so that
9-26 such institutions may realize, within their prescribed role and
9-27 scope, their full potential to the benefit of the students who
10-1 attend such institutions and to the benefit of the citizens of the
10-2 state in terms of the realization of the benefits of an educated
10-3 populace.
10-4 SECTION 17. Section 61.003(1), Education Code, is amended to
10-5 read as follows:
10-6 (1) "Board" means the Board of Texas [Higher]
10-7 Education or the Texas Higher Education Agency, as appropriate
10-8 [Coordinating Board].
10-9 SECTION 18. Section 61.021, Education Code, is amended to
10-10 read as follows:
10-11 Sec. 61.021. ESTABLISHMENT OF TEXAS HIGHER EDUCATION AGENCY
10-12 [COORDINATING BOARD]: FUNCTIONS. (a) The Texas Higher Education
10-13 Agency [Coordinating Board] is an agency of the state under the
10-14 oversight of the Board of Texas Education and the supervision of
10-15 the commissioner of Texas education. It shall have its office in
10-16 Austin. It shall perform only the functions which are enumerated
10-17 in this chapter and which the legislature may assign to it.
10-18 Functions vested in the governing boards of the respective
10-19 institutions of higher education not specifically delegated to the
10-20 agency [coordinating board] shall be performed by the governing
10-21 boards. The coordinating functions and other duties delegated to
10-22 the agency [board] in this chapter shall apply to all public
10-23 institutions of higher education.
10-24 (b) References in this code or other law to the
10-25 "coordinating board" or the "Coordinating Board, Texas College and
10-26 University System," are references to the Texas Higher Education
10-27 Agency or the Board of Texas Education, as appropriate
11-1 [Coordinating Board].
11-2 SECTION 19. Section 61.0211, Education Code, is amended to
11-3 read as follows:
11-4 Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education
11-5 Agency [Coordinating Board] is subject to Chapter 325, Government
11-6 Code (Texas Sunset Act). Unless continued in existence as provided
11-7 by that chapter, the agency [board] is abolished and this chapter
11-8 expires September 1, 2005 [2003].
11-9 SECTION 20. The heading to Section 61.028, Education Code,
11-10 is amended to read as follows:
11-11 Sec. 61.028. [COMMISSIONER OF HIGHER EDUCATION;] PERSONNEL;
11-12 CONSULTANTS.
11-13 SECTION 21. Section 61.028(a), Education Code, is amended to
11-14 read as follows:
11-15 (a) The [board shall appoint a] commissioner of Texas
11-16 [higher] education[, who] shall select and supervise the board's
11-17 staff who perform duties related to higher education and perform
11-18 other duties delegated [to him] by the board. [The commissioner
11-19 shall serve at the pleasure of the board.]
11-20 SECTION 22. Section 61.784, Education Code, is amended to
11-21 read as follows:
11-22 Sec. 61.784. COORDINATION. The board may establish an
11-23 interagency task force on international studies and cultural
11-24 exchange, coordinated by the academy, to develop long-range goals
11-25 designed to enhance foreign language and international studies and
11-26 to expand educational and cultural exchange. If the board
11-27 establishes the task force, then in addition to other persons
12-1 chosen for the task force by the academy, the academy shall invite
12-2 the governor, the commissioner of Texas education, [the
12-3 commissioner of higher education,] the executive director of the
12-4 Texas Department of Economic Development [Commerce], and the
12-5 executive director of the Texas Committee for the Humanities to
12-6 serve on the task force or to designate a representative to serve
12-7 on the task force. The academy also shall invite the lieutenant
12-8 governor to designate a member of the senate to serve on the task
12-9 force and shall invite the speaker of the house of representatives
12-10 to designate a member of the house of representatives to serve on
12-11 the task force.
12-12 SECTION 23. Section 61.810(a), Education Code, is amended to
12-13 read as follows:
12-14 (a) The Texas partnership and scholarship program advisory
12-15 council consists of:
12-16 (1) the commissioner of Texas [higher] education [and
12-17 the commissioner of education], who serves [serve] as an ex officio
12-18 member [members];
12-19 (2) three members of the public appointed by the
12-20 governor;
12-21 (3) two members of the public appointed by the
12-22 lieutenant governor; and
12-23 (4) two members of the public appointed by the speaker
12-24 of the house of representatives.
12-25 SECTION 24. Section 130.008(d), Education Code, is amended
12-26 to read as follows:
12-27 (d) For instances when state funding is provided to both a
13-1 school district and a public junior college for a student enrolled
13-2 in courses offered by a junior college under Subsection (a), the
13-3 commissioner of Texas education [and the commissioner of higher
13-4 education] shall [jointly] develop a mechanism to identify and
13-5 eliminate duplication of state funding.
13-6 SECTION 25. Section 130.090(d), Education Code, is amended
13-7 to read as follows:
13-8 (d) For instances when state funding is provided to both a
13-9 school district and a public junior college for a student enrolled
13-10 in courses offered by a junior college under Subsection (a), the
13-11 commissioner of Texas education [and the commissioner of higher
13-12 education] shall [jointly] develop a mechanism to identify and
13-13 eliminate duplication of state funding.
13-14 SECTION 26. Section 161.02, Education Code, is amended to
13-15 read as follows:
13-16 Sec. 161.02. TEXAS REPRESENTATIVES. The Texas membership to
13-17 the Educational Commission of the States shall be the governor or
13-18 the governor's [his] designated representative and six citizens of
13-19 the state, including the [state] commissioner of Texas education
13-20 [and the state commissioner of higher education], who shall be
13-21 appointed and serve at the pleasure of the governor. These seven
13-22 members shall officially represent Texas on the Education
13-23 Commission of the States.
13-24 SECTION 27. Section 42.005(a), Election Code, is amended to
13-25 read as follows:
13-26 (a) A county election precinct, including a consolidated
13-27 precinct, may not contain territory from more than one of each of
14-1 the following types of territorial units:
14-2 (1) a commissioners precinct;
14-3 (2) a justice precinct;
14-4 (3) a congressional district;
14-5 (4) a state representative district;
14-6 (5) a state senatorial district; or
14-7 (6) a ward in a city with a population of 10,000 or
14-8 more[; or]
14-9 [(7) a State Board of Education district].
14-10 SECTION 28. Section 52.092(d), Election Code, is amended to
14-11 read as follows:
14-12 (d) District offices of the state government shall be listed
14-13 in the following order:
14-14 (1) [member, State Board of Education;]
14-15 [(2)] state senator;
14-16 (2) [(3)] state representative;
14-17 (3) [(4)] chief justice, court of appeals;
14-18 (4) [(5)] justice, court of appeals;
14-19 (5) [(6)] district judge;
14-20 (6) [(7)] criminal district judge;
14-21 (7) [(8)] family district judge;
14-22 (8) [(9)] district attorney;
14-23 (9) [(10)] criminal district attorney.
14-24 SECTION 29. Section 68.001(a), Election Code, is amended to
14-25 read as follows:
14-26 (a) The secretary of state shall tabulate the unofficial
14-27 results as provided by this subchapter in each primary election and
15-1 general election for state and county officers on each proposed
15-2 amendment to the state constitution and for each contested race for
15-3 nomination or election to:
15-4 (1) a federal office or statewide office of the state
15-5 government;
15-6 (2) the office of state senator; and
15-7 (3) the office of state representative[; and]
15-8 [(4) the office of member, State Board of Education].
15-9 SECTION 30. Section 172.024(a), Election Code, is amended to
15-10 read as follows:
15-11 (a) The filing fee for a candidate for nomination in the
15-12 general primary election is as follows:
15-13 (1) United States senator ..................... $4,000
15-14 (2) office elected statewide, except United States
15-15 senator ..................................................... 3,000
15-16 (3) United States representative ............... 2,500
15-17 (4) state senator .............................. 1,000
15-18 (5) state representative ......................... 600
15-19 (6) [member, State Board of Education ............ 250]
15-20 [(7)] chief justice or justice, court of appeals,
15-21 other than a justice specified by Subdivision (7) [(8)] ..... 1,500
15-22 (7) [(8)] chief justice or justice of a court of
15-23 appeals that serves a court of appeals district in which a county
15-24 with a population of more than 850,000 is wholly or partly
15-25 situated .................................................... 2,000
15-26 (8) [(9)] district judge or judge specified by Section
15-27 52.092(d) for which this schedule does not otherwise prescribe a
16-1 fee ......................................................... 1,200
16-2 (9) [(10)] district or criminal district judge of a
16-3 court in a judicial district wholly contained in a county with a
16-4 population of more than 850,000 ............................. 2,000
16-5 (10) [(11)] judge, statutory county court, other than
16-6 a judge specified by Subdivision (11) [(12)] ................ 1,200
16-7 (11) [(12)] judge of a statutory county court in a
16-8 county with a population of more than 850,000 ............... 2,000
16-9 (12) [(13)] district attorney, criminal district
16-10 attorney, or county attorney performing the duties of a district
16-11 attorney .................................................... 1,000
16-12 (13) [(14)] county commissioner or judge,
16-13 constitutional county court:
16-14 (A) county with a population of 200,000 or
16-15 more ........................................................ 1,000
16-16 (B) county with a population of under
16-17 200,000 ....................................................... 600
16-18 (14) [(15)] justice of the peace or constable:
16-19 (A) county with a population of 200,000 or
16-20 more .......................................................... 800
16-21 (B) county with a population of under
16-22 200,000 ....................................................... 300
16-23 (15) [(16)] county surveyor, inspector of hides and
16-24 animals, or public weigher ..................................... 50
16-25 (16) [(17)] office of the county government for which
16-26 this schedule does not otherwise prescribe a fee .............. 600
16-27 SECTION 31. Section 252.005, Election Code, is amended to
17-1 read as follows:
17-2 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
17-3 CANDIDATE. An individual must file a campaign treasurer
17-4 appointment for the individual's own candidacy with:
17-5 (1) the commission, if the appointment is made for
17-6 candidacy for:
17-7 (A) a statewide office;
17-8 (B) a district office filled by voters of more
17-9 than one county;
17-10 (C) state senator; or
17-11 (D) state representative[; or]
17-12 [(E) the State Board of Education];
17-13 (2) the county clerk, if the appointment is made for
17-14 candidacy for a county office, a precinct office, or a district
17-15 office other than one included in Subdivision (1);
17-16 (3) the clerk or secretary of the governing body of
17-17 the political subdivision or, if the political subdivision has no
17-18 clerk or secretary, with the governing body's presiding officer, if
17-19 the appointment is made for candidacy for an office of a political
17-20 subdivision other than a county;
17-21 (4) the county clerk if:
17-22 (A) the appointment is made for candidacy for an
17-23 office of a political subdivision other than a county;
17-24 (B) the governing body for the political
17-25 subdivision has not been formed; and
17-26 (C) no boundary of the political subdivision
17-27 crosses a boundary of the county; or
18-1 (5) the commission if:
18-2 (A) the appointment is made for candidacy for an
18-3 office of a political subdivision other than a county;
18-4 (B) the governing body for the political
18-5 subdivision has not been formed; and
18-6 (C) the political subdivision is situated in
18-7 more than one county.
18-8 SECTION 32. Section 323.0145(a)(2), Government Code, is
18-9 amended to read as follows:
18-10 (2) "Legislative information" means:
18-11 (A) a list of all the members of each house of
18-12 the legislature;
18-13 (B) a list of the committees of the legislature
18-14 and their members;
18-15 (C) the full text of each bill as filed and as
18-16 subsequently amended, substituted, engrossed, or enrolled in either
18-17 house of the legislature;
18-18 (D) the full text of each amendment or
18-19 substitute adopted by a legislative committee for each bill filed
18-20 in either house of the legislature;
18-21 (E) the calendar of each house of the
18-22 legislature, the schedule of legislative committee hearings, and a
18-23 list of the matters pending on the floor of each house of the
18-24 legislature;
18-25 (F) detailed procedural information about how a
18-26 bill filed in either house of the legislature becomes law,
18-27 including detailed timetable information concerning the times under
19-1 the constitution or the rules of either house when the legislature
19-2 may take certain actions on a bill;
19-3 (G) the district boundaries or other identifying
19-4 information for the following districts in Texas:
19-5 (i) house of representatives;
19-6 (ii) senate; and
19-7 (iii) [State Board of Education; and]
19-8 [(iv)] United States Congress; and
19-9 (H) other information related to the legislative
19-10 process that in the council's opinion should be made available
19-11 through the Internet.
19-12 SECTION 33. Section 572.002(4), Government Code, is amended
19-13 to read as follows:
19-14 (4) "Elected officer" means:
19-15 (A) a member of the legislature;
19-16 (B) an executive or judicial officer elected in
19-17 a statewide election;
19-18 (C) a judge of a court of appeals or of a
19-19 district court;
19-20 (D) [a member of the State Board of Education;]
19-21 [(E)] a district attorney or criminal district
19-22 attorney; or
19-23 (E) [(F)] an individual appointed to fill a
19-24 vacancy in an office or appointed to a newly created office who, if
19-25 elected to the office instead of appointed, would be an elected
19-26 officer under this subdivision.
19-27 SECTION 34. Section 572.003(c), Government Code, is amended
20-1 to conform to Section 52(b), Chapter 1041, Acts of the 75th
20-2 Legislature, Regular Session, 1997, and is amended to read as
20-3 follows:
20-4 (c) The term means a member of:
20-5 (1) the Public Utility Commission of Texas;
20-6 (2) the Texas Department of Economic Development
20-7 [Commerce];
20-8 (3) the Texas Natural Resource Conservation
20-9 Commission;
20-10 (4) the Texas Alcoholic Beverage Commission;
20-11 (5) the [The] Finance Commission of Texas;
20-12 (6) the General Services Commission;
20-13 (7) the Texas Board of Criminal Justice;
20-14 (8) the board of trustees of the Employees Retirement
20-15 System of Texas;
20-16 (9) the Texas Transportation Commission;
20-17 (10) the Texas Workers' Compensation Commission;
20-18 (11) the State Board of Insurance;
20-19 (12) the Parks and Wildlife Commission;
20-20 (13) the Public Safety Commission;
20-21 (14) the Texas Ethics Commission;
20-22 (15) the State Securities Board;
20-23 (16) the Texas Water Development Board;
20-24 (17) the governing board of a public senior college or
20-25 university as defined by Section 61.003, Education Code, or of The
20-26 University of Texas Southwestern Medical Center at Dallas, The
20-27 University of Texas Medical Branch at Galveston, The University of
21-1 Texas Health Science Center at Houston, The University of Texas
21-2 Health Science Center at San Antonio, The University of Texas
21-3 System Cancer Center, The University of Texas Health Science Center
21-4 at Tyler, University of North Texas Health Science Center at Fort
21-5 Worth, Texas Tech University Health Sciences Center, Texas State
21-6 Technical College--Amarillo, Texas State Technical
21-7 College--Harlingen, Texas State Technical College--Sweetwater, or
21-8 Texas State Technical College--Waco;
21-9 (18) the Board of Texas [Higher] Education
21-10 [Coordinating Board];
21-11 (19) the Texas Workforce [Employment] Commission;
21-12 (20) the State Banking Board;
21-13 (21) the board of trustees of the Teacher Retirement
21-14 System of Texas;
21-15 (22) the Credit Union Commission;
21-16 (23) the School Land Board;
21-17 (24) the board of the Texas Department of Housing and
21-18 Community Affairs;
21-19 (25) the Texas Racing Commission;
21-20 (26) the State Board of Dental Examiners;
21-21 (27) the Texas Board of Licensure for Nursing Home
21-22 Administrators;
21-23 (28) the Texas State Board of Medical Examiners;
21-24 (29) the Board of Pardons and Paroles;
21-25 (30) the State Board of Pharmacy;
21-26 (31) the Department of Information Resources governing
21-27 board;
22-1 (32) the Motor Vehicle Board;
22-2 (33) the Texas Real Estate Commission;
22-3 (34) the board of directors of the State Bar of Texas;
22-4 (35) the bond review board;
22-5 (36) the Texas Board of Health;
22-6 (37) the Texas Board of Mental Health and Mental
22-7 Retardation;
22-8 (38) the Texas Board on Aging;
22-9 (39) the Texas Board of Human Services;
22-10 (40) the Texas Funeral Service Commission;
22-11 (41) the board of directors of a river authority
22-12 created under the Texas Constitution or a statute of this state; or
22-13 (42) the Texas Lottery Commission.
22-14 SECTION 35. (a) Sections 7.005, 7.051, 7.052, 7.053, 7.101,
22-15 7.103, 7.104, 7.105, 7.106, 7.107, 7.108, 61.022, 61.0221, 61.0222,
22-16 61.0223, 61.023, 61.024, 61.025, 61.026, 61.027, 61.028(b), 61.076,
22-17 and 61.077, Education Code, are repealed.
22-18 (b) Chapter 2, Acts of the 72nd Legislature, 2nd Called
22-19 Session, 1991, is repealed.
22-20 SECTION 36. (a) As soon as possible after the effective
22-21 date of this Act, the governor and lieutenant governor shall
22-22 appoint members to the Board of Texas Education in compliance with
22-23 Section 1.004, Education Code, as added by this Act.
22-24 (b) The members appointed under Subsection (a) of this
22-25 section shall draw lots to determine the length of terms to be
22-26 served by those members. Terms expiring February 1, 2001, must be
22-27 served by two members appointed by the lieutenant governor and
23-1 three members appointed by the governor, two of whom must be
23-2 members appointed from the list of candidates proposed by the
23-3 speaker of the house of representatives. Terms expiring February
23-4 1, 2003, must be served by one member appointed by the lieutenant
23-5 governor and four members appointed by the governor, two of whom
23-6 must be members appointed from the list of candidates proposed by
23-7 the speaker of the house of representatives. Terms expiring
23-8 February 1, 2005, must be served by two members appointed by the
23-9 lieutenant governor and three members appointed by the governor,
23-10 one of whom must be a member appointed from the list of candidates
23-11 proposed by the speaker of the house of representatives. Successor
23-12 members serve staggered six-year terms in accordance with Section
23-13 1.004(b), Education Code, as added by this Act.
23-14 (c) The State Board of Education and the Texas Higher
23-15 Education Coordinating Board are abolished on the date of the first
23-16 meeting of the Board of Texas Education. Staff of the Texas Higher
23-17 Education Coordinating Board, as it existed before abolishment by
23-18 this Act, other than the commissioner of higher education, continue
23-19 employment as employees of the Texas Higher Education Agency under
23-20 the oversight of the Board of Texas Education.
23-21 (d) Rules of the State Board of Education and the Texas
23-22 Higher Education Coordinating Board that are in effect on the date
23-23 of the first meeting of the Board of Texas Education remain in
23-24 effect until amended or repealed by the Board of Texas Education or
23-25 superseded by rules adopted by the Board of Texas Education.
23-26 SECTION 37. (a) As soon as possible after the date of its
23-27 first meeting, the Board of Texas Education shall appoint a person
24-1 to serve as commissioner of Texas education, as authorized by
24-2 Section 1.008, Education Code, as added by this Act.
24-3 (b) The positions of commissioner of education and
24-4 commissioner of higher education are abolished on the date the
24-5 person appointed as commissioner of Texas education assumes the
24-6 duties of that position. Unless otherwise removed, the persons
24-7 serving as commissioner of education and commissioner of higher
24-8 education shall continue to serve in those positions and exercise
24-9 the powers granted to those positions by law, as the law existed
24-10 before amendment by this Act, until that date.
24-11 SECTION 38. After a person has assumed the duties of
24-12 commissioner of Texas education, as authorized by this Act, a
24-13 reference in law to the commissioner of education or the
24-14 commissioner of higher education means the commissioner of Texas
24-15 education.
24-16 SECTION 39. (a) A change in law made by this Act does not
24-17 affect:
24-18 (1) the validity of any action taken by the State
24-19 Board of Education, the Texas Higher Education Coordinating Board,
24-20 the commissioner of education, or the commissioner of higher
24-21 education before the effective date of this Act; or
24-22 (2) an administrative proceeding completed before the
24-23 effective date of this Act.
24-24 (b) A change in law made by this Act does not affect the
24-25 validity of an administrative proceeding, including rulemaking, in
24-26 progress on the effective date of this Act. An administrative
24-27 proceeding under the State Board of Education, the Texas Higher
25-1 Education Coordinating Board, the commissioner of education, or the
25-2 commissioner of higher education that is in progress on the
25-3 effective date of this Act continues as if it had been initiated by
25-4 the Board of Texas Education or the commissioner of Texas education
25-5 on the effective date of this Act.
25-6 SECTION 40. The repeal by this Act of Section 7.108,
25-7 Education Code, does not apply to an offense committed under that
25-8 section before the effective date of this Act. An offense
25-9 committed before that date is covered by that section as it existed
25-10 on the date the offense was committed, and the former law is
25-11 continued in effect for that purpose.
25-12 SECTION 41. The amendment by this Act of Section 7.112,
25-13 Education Code, applies only to a person appointed to the Board of
25-14 Texas Education on or after the effective date of this Act. A
25-15 member or former member of the State Board of Education is covered
25-16 by that section as it existed before amendment by this Act, and the
25-17 former law is continued in effect for that purpose.
25-18 SECTION 42. (a) In addition to the substantive changes made
25-19 by this Act, this Act conforms Section 572.003(c), Government Code,
25-20 to Section 52(b), Chapter 1041, Acts of the 75th Legislature,
25-21 Regular Session, 1997.
25-22 (b) To the extent of any conflict, this Act prevails over
25-23 another Act of the 76th Legislature, Regular Session, 1999,
25-24 relating to nonsubstantive additions to and corrections in enacted
25-25 codes.
25-26 SECTION 43. This Act takes effect September 1, 1999.
25-27 SECTION 44. The importance of this legislation and the
26-1 crowded condition of the calendars in both houses create an
26-2 emergency and an imperative public necessity that the
26-3 constitutional rule requiring bills to be read on three several
26-4 days in each house be suspended, and this rule is hereby suspended.