By: Bernsen S.B. No. 1688
99S0816/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment and administration of the education
1-2 endowment fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 42, Education Code, is amended by adding
1-5 Subchapter I to read as follows:
1-6 SUBCHAPTER I. EDUCATION ENDOWMENT FUND
1-7 Sec. 42.451. DEFINITIONS. In this subchapter:
1-8 (1) "Board" means the education endowment fund board.
1-9 (2) "Fund" means the education endowment fund.
1-10 Sec. 42.452. EDUCATION ENDOWMENT FUND. (a) The fund is an
1-11 account in the general revenue fund.
1-12 (b) Funds that may be credited to the account include gifts,
1-13 grants, donations, and legislative appropriations.
1-14 (c) The comptroller shall issue warrants drawn on the fund
1-15 as requested by the board in accordance with the purposes of this
1-16 subchapter.
1-17 (d) The board shall use funds in the account to award grants
1-18 in accordance with this subchapter to school districts for:
1-19 (1) teacher salaries; and
1-20 (2) the building and improvement of facilities owned
1-21 by a school district.
1-22 Sec. 42.453. EDUCATION ENDOWMENT FUND BOARD. (a) The board
1-23 consists of:
1-24 (1) three members appointed by the governor;
2-1 (2) three members appointed by the governor from a
2-2 list of individuals provided by the speaker of the house of
2-3 representatives; and
2-4 (3) three members appointed by the lieutenant
2-5 governor.
2-6 (b) The governor shall designate the presiding officer of
2-7 the board.
2-8 (c) The governor and the lieutenant governor, in making
2-9 appointments to the board, and the speaker of the house of
2-10 representatives, in compiling a list of recommended persons, shall
2-11 attempt to select members representing the diversity of all
2-12 geographic areas of the state.
2-13 (d) A person may not serve on the board if the person is
2-14 required to register as a lobbyist under Chapter 305, Government
2-15 Code, because of the person's activities for compensation on behalf
2-16 of a profession related to the operation of the board.
2-17 (e) Members of the board:
2-18 (1) serve without pay; and
2-19 (2) are entitled to reimbursement for their actual
2-20 expenses incurred in attending meetings of the board or in
2-21 attending to other work of the board, if approved by the presiding
2-22 officer.
2-23 (f) Members of the board serve for staggered six-year terms,
2-24 with three members' terms expiring August 31 of each odd-numbered
2-25 year.
2-26 Sec. 42.454. POWERS AND DUTIES OF BOARD. (a) The board
3-1 shall administer the fund.
3-2 (b) The board shall establish rules to administer the
3-3 awarding of grants under this subchapter, including:
3-4 (1) the application process;
3-5 (2) eligibility requirements for school districts,
3-6 including:
3-7 (A) the change in enrollment patterns of a
3-8 school district;
3-9 (B) the variation in known resource costs and
3-10 costs of education beyond the control of a school district; and
3-11 (C) the decline experienced by a school
3-12 district's tax base; and
3-13 (3) the manner in which grants shall be distributed to
3-14 eligible school districts.
3-15 (c) The board shall prepare an annual report that:
3-16 (1) details the revenues deposited into the fund; and
3-17 (2) summarizes the disbursements made from the fund.
3-18 (d) Not later than January 15 of each year, the board shall
3-19 submit the report for the proceeding year to the governor and to
3-20 each standing committee in the senate and house of representatives
3-21 that has jurisdiction over public education.
3-22 (e) The board may:
3-23 (1) adopt rules necessary to administer this
3-24 subchapter;
3-25 (2) enter into contracts with state agencies or
3-26 private entities necessary to perform the board's duties;
4-1 (3) employ personnel reasonably necessary to perform
4-2 duties delegated by the board;
4-3 (4) appoint one or more committees to assist the board
4-4 in performing the board's duties; and
4-5 (5) accept a gift or grant and use it for the purposes
4-6 of this subchapter.
4-7 Sec. 42.455. SUNSET PROVISION. The board is subject to
4-8 Chapter 325, Government Code (Texas Sunset Act). Unless continued
4-9 in existence as provided by that chapter, the board is abolished
4-10 and this subchapter expires September 1, 2008.
4-11 SECTION 2. As soon as possible after the effective date of
4-12 this Act, the governor and the lieutenant governor shall appoint
4-13 the initial members of the education endowment fund board. The
4-14 governor shall appoint two members to serve terms expiring on
4-15 August 21, 2001, two members to serve terms expiring on August 31,
4-16 2003, and two members to serve terms expiring on August 31, 2005.
4-17 The terms of the initial members appointed from the list provided
4-18 by the speaker of the house of representatives must be staggered so
4-19 that the term of one of those appointees expires every odd-numbered
4-20 year. The lieutenant governor shall appoint one member to serve a
4-21 term expiring on August 31, 2001, one member to serve a term
4-22 expiring on August 31, 2003, and one member to serve a term
4-23 expiring on August 31, 2005.
4-24 SECTION 3. This Act takes effect September 1, 1999.
4-25 SECTION 4. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended.