1-1 By: Jackson S.B. No. 1746 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 12, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; April 12, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1746 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation and administration of the Texas 1-11 Environmental Education Partnership Fund and the Texas 1-12 Environmental Education Partnership trust fund. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. DEFINITIONS. In this Act: 1-15 (1) "Board" means the board of directors of the TEEP 1-16 Fund. 1-17 (2) "Participating partner" means an entity designated 1-18 as a participating partner under Section 4 of this Act. 1-19 (3) "TEEP Fund" means the Texas Environmental 1-20 Education Partnership Fund established under Section 2 of this Act. 1-21 (4) "TEEP trust fund" means the Texas Environmental 1-22 Education Partnership trust fund established under Section 6 of 1-23 this Act. 1-24 SECTION 2. ESTABLISHMENT OF TEXAS ENVIRONMENTAL EDUCATION 1-25 PARTNERSHIP FUND. The Texas Environmental Education Partnership 1-26 Fund is established and shall operate as a public/private nonprofit 1-27 education partnership. 1-28 SECTION 3. PURPOSE. The purpose of the Texas Environmental 1-29 Education Partnership Fund is to: 1-30 (1) raise money from a diversity of resources to pay 1-31 for the development, implementation, and continued operation of 1-32 environmental education projects, activities, and programs proposed 1-33 by a participating partner, including: 1-34 (A) scholarships for educators (formal and 1-35 informal) for professional development in the area of environmental 1-36 education; 1-37 (B) environmental education projects, 1-38 activities, or programs approved by the board; 1-39 (C) support of efforts to ensure that textbooks 1-40 treat environmental issues with a balanced approach and explain the 1-41 underlying scientific principles; 1-42 (D) ensuring system-wide assessment of essential 1-43 knowledge and skills identified by the State Board of Education as 1-44 required by Subsections (c) and (d), Section 28.002, Education 1-45 Code, as related to environmental education; and 1-46 (E) environmental education materials; 1-47 (2) review for approval and funding environmental 1-48 education projects, activities, and programs proposed by a 1-49 participating partner; and 1-50 (3) establish a working relationship between the TEEP 1-51 Fund and state agencies with educational functions, such as the 1-52 Texas Education Agency. 1-53 SECTION 4. DESIGNATION OF PARTICIPATING PARTNER. (a) The 1-54 board shall designate one or more public/private partnership 1-55 entities as a participating partner to develop and propose 1-56 environmental education projects, activities, and programs to 1-57 receive assistance from the TEEP Fund. 1-58 (b) A participating partner must represent a broad spectrum 1-59 of public and private interests relating to scientifically based 1-60 and balanced environmental and educational concerns. 1-61 SECTION 5. TEEP FUND BOARD. (a) The board consists of not 1-62 more than 12 members appointed as follows: 1-63 (1) 10 members appointed by the governor to provide 1-64 balanced representation from the following groups: 2-1 (A) business and industry; 2-2 (B) agriculture; 2-3 (C) nongovernmental organizations; 2-4 (D) K-12 educators; 2-5 (E) university educators; 2-6 (F) local and state government; 2-7 (G) environmental education providers; 2-8 (H) environmental groups; and 2-9 (I) parents; 2-10 (2) one member appointed by the lieutenant governor to 2-11 represent the senate; and 2-12 (3) one member appointed by the speaker of the house 2-13 of representatives to represent the house of representatives. 2-14 (b) The 10 members appointed by the governor shall be 2-15 culturally, ethnically, and geographically diverse. 2-16 (c) A board member is appointed for a renewable term of two 2-17 years expiring February 1 of each odd-numbered year. 2-18 (d) A board member serves at the will of the appointing 2-19 official. 2-20 (e) A board member representing the senate or house of 2-21 representatives is a nonvoting member. 2-22 (f) A board member is not entitled to compensation but is 2-23 entitled to reimbursement for actual and necessary expenses 2-24 incurred in performing board duties. 2-25 (g) The board may accept donations, gifts, grants, or other 2-26 money made available to the TEEP Fund for the purposes of this Act. 2-27 The board shall deposit to the credit of the TEEP trust fund a 2-28 donation, gift, grant, or other money accepted by the board under 2-29 this subsection. 2-30 SECTION 6. TEEP TRUST FUND. (a) The Texas Environmental 2-31 Education Partnership trust fund is established as a trust fund 2-32 outside the treasury to be held by the Texas Treasury Safekeeping 2-33 Trust Company and administered by the board of the Texas 2-34 Environmental Education Partnership Fund for the benefit of: 2-35 (1) a participating partner; or 2-36 (2) environmental education projects, activities, and 2-37 programs proposed by a participating partner and approved by the 2-38 board. 2-39 (b) Money in the fund may be used only to: 2-40 (1) award grants or money for environmental education 2-41 projects, activities, and programs proposed by a participating 2-42 partner and approved by the board; and 2-43 (2) reimburse board members for actual expenses 2-44 incurred in performing board duties as authorized by Subsection (f) 2-45 of Section 5 of this Act. 2-46 (c) The trust fund consists of donations, gifts, grants, or 2-47 other money made available to the TEEP Fund for the purposes of 2-48 this Act. 2-49 SECTION 7. ELIGIBILITY CRITERIA. (a) The board shall adopt 2-50 and publish eligibility criteria to be considered in making a grant 2-51 or award of money from the trust fund. 2-52 (b) The criteria adopted by the board shall: 2-53 (1) include consideration of whether a proposed 2-54 project, activity, or program will: 2-55 (A) improve the quality of environmental 2-56 education in the state; 2-57 (B) identify, use, or increase resources for 2-58 environmental education; and 2-59 (C) be adaptable to and represent the diverse 2-60 environmental aspects of the state; and 2-61 (2) give primary consideration to projects, 2-62 activities, and programs that: 2-63 (A) promote balanced views based on sound 2-64 science; 2-65 (B) include instruction on or exercises in 2-66 critical thinking; and 2-67 (C) promote the protection of environmental 2-68 resources. 2-69 SECTION 8. SUNSET PROVISION. The TEEP Fund is subject to 3-1 Chapter 325, Government Code (Texas Sunset Act). Unless continued 3-2 in existence as provided by that chapter, the TEEP Fund expires 3-3 September 1, 2009. 3-4 SECTION 9. APPOINTMENT OF BOARD. (a) As soon as 3-5 practicable after the effective date of this Act, the governor, the 3-6 lieutenant governor, and the speaker of the house of 3-7 representatives shall appoint members to the board as provided by 3-8 Subsection (a) of Section 5 of this Act. 3-9 (b) The initial members of the board are appointed for terms 3-10 expiring February 1, 2001. 3-11 SECTION 10. EMERGENCY. The importance of this legislation 3-12 and the crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended, 3-16 and that this Act take effect and be in force from and after its 3-17 passage, and it is so enacted. 3-18 * * * * *