By Ellis S.B. No. 236
76R3472 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to planning, construction, and inspection of public school
1-3 facilities and use of appropriations for public school facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 46, Education Code, is amended by adding
1-6 Sections 46.0012, 46.0013, and 46.0014 to read as follows:
1-7 Sec. 46.0012. INSTRUCTIONAL FACILITIES MANAGEMENT TRAINING.
1-8 (a) The commissioner shall develop an instructional facilities
1-9 management and planning curriculum to be used in providing training
1-10 for school districts that receive state assistance under this
1-11 chapter. The curriculum must address appropriate facility planning
1-12 strategies, including elements relating to:
1-13 (1) applicable state law requirements;
1-14 (2) five-year facilities plans;
1-15 (3) facility assessments;
1-16 (4) the establishment of educational specifications;
1-17 (5) enrollment projections;
1-18 (6) bond elections;
1-19 (7) community involvement;
1-20 (8) preventive maintenance; and
1-21 (9) contract management.
1-22 (b) The commissioner shall certify appropriate persons to
1-23 provide the training described by Subsection (a). The commissioner
1-24 may contract with other agencies and professional organizations to
2-1 provide the training and related materials and technical support.
2-2 (c) The commissioner by rule shall require the following
2-3 persons at each school district that receives state assistance
2-4 under this chapter to complete the training described by Subsection
2-5 (a):
2-6 (1) the superintendent and each assistant
2-7 superintendent responsible for instructional facilities;
2-8 (2) each member of the board of trustees who serves on
2-9 an instructional facility planning committee;
2-10 (3) each construction manager; and
2-11 (4) each other appropriate person, as determined by
2-12 the commissioner.
2-13 (d) A person required by the commissioner to complete the
2-14 training described by Subsection (a) shall submit a certificate of
2-15 completion to the commissioner not later than the first anniversary
2-16 of the date the district first receives state assistance under this
2-17 chapter.
2-18 Sec. 46.0013. INSPECTION AND ENFORCEMENT. (a) The agency
2-19 shall inspect each district receiving state assistance under this
2-20 chapter to verify that:
2-21 (1) each project included in a district's application
2-22 for assistance meets the standards adopted under Section 46.008 and
2-23 is built to project specifications, with certification forms on
2-24 file; and
2-25 (2) assistance received under this chapter is used
2-26 only for an instructional facility.
2-27 (b) A district that fails an inspection under Subsection (a)
3-1 shall make appropriate corrections by not later than the second
3-2 anniversary of the inspection date. Corrections must be made
3-3 without the use of state funds.
3-4 (c) The commissioner shall terminate a district's funding
3-5 under this chapter and the district shall repay any state funds
3-6 received by the district under this chapter if the district fails
3-7 to comply with this chapter or a rule adopted under this chapter.
3-8 (d) A district that obtains state assistance under this
3-9 chapter through fraudulent district conduct, as determined by the
3-10 commissioner, shall repay the state funds and any other reasonable
3-11 cost resulting from the fraud.
3-12 (e) The commissioner may recover money required under this
3-13 section to be repaid by a district in the manner provided by
3-14 Section 42.258 as if the money were an overallocation under that
3-15 section.
3-16 (f) From the total amount of funds appropriated for new
3-17 projects under this chapter, the commissioner shall, each fiscal
3-18 year, withhold an amount to be determined by the commissioner, but
3-19 not more than $150,000, for the costs associated with performing
3-20 the duties imposed under this section.
3-21 Sec. 46.0014. TECHNICAL ASSISTANCE. The commissioner shall
3-22 develop and implement a system to provide prompt technical
3-23 assistance to school districts with questions relating to
3-24 instructional facility planning, financing, and constructing.
3-25 SECTION 2. (a) Not later than January 1, 2000, the
3-26 commissioner of education shall take all action necessary to
3-27 implement Section 46.0012, Education Code, as added by this Act,
4-1 including developing an instructional facilities management
4-2 curriculum, adopting rules specifying the persons required to
4-3 receive training, and certifying persons to provide the training.
4-4 (b) Notwithstanding Section 46.0012(d), Education Code, as
4-5 added by this Act, a person at a school district that received
4-6 state assistance under Chapter 46, Education Code, before the
4-7 effective date of this Act who is required by commissioner rule to
4-8 complete the training shall complete the training not later than
4-9 August 1, 2000.
4-10 SECTION 3. This Act takes effect September 1, 1999.
4-11 SECTION 4. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.