SRC-MKV S.B. 927 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 927
77R6458 BDH-DBy: Shapleigh
Education
4/30/2001
As Filed


DIGEST AND PURPOSE 

Although many projects have been developed to confront the "digital
divide," that divide remains correlated to wealth.  Access to computers
during the educational years yields long-term benefits in terms of
participating and competing in the modern economy.  As proposed, S.B. 927
enables school districts and charter schools to accept used data processing
equipment and to adopt rules governing the transference of this equipment
to disadvantaged students. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to a school district or
open-enrollment charter school, as provided by Chapter 32C, Education Code,
in SECTION 1 (Section 32.104, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32, Education Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C.  TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS

Sec. 32.101.  DEFINITION.  Provides that in this subchapter "data
processing" has the meaning assigned by Section 2054.003 (Definitions),
Government Code. 

Sec. 32.102.  AUTHORITY.  (a) Authorizes a school district (district) or
open-enrollment charter school (charter school) to transfer to a student
enrolled in the district or school certain equipment, as provided by this
subchapter. 

(b) Authorizes a district or charter school to accept donations of data
processing equipment (equipment) for transfer under this subchapter; and
any gifts, grants, or donations of money or services to purchase,
refurbish, or repair equipment under this subchapter. 

Sec. 32.103.  ELIGIBILITY; PREFERENCE.  Provides that a student is eligible
to receive equipment under this subchapter only if the student does not
otherwise have home access to such equipment, as determined by the
student's district or charter school. 

(b) Requires a district or charter school to give preference to
educationally disadvantaged students in transferring equipment to students. 

Sec. 32.104.  REQUIREMENTS FOR TRANSFER.  Requires a district or charter
school, before transferring equipment to a student, to adopt rules
governing transfers under this subchapter, including provisions for
technical assistance to the student by the district or school; to determine
that the transfer serves a public purpose and benefits the district or
school; and to remove from the equipment any offensive, confidential, or
proprietary information, as determined by the district or school.   
 
Sec. 32.105.  EXPENDITURE OF PUBLIC FUNDS.  Authorizes a district or
charter school to spend public funds to purchase, refurbish, or repair any
equipment transferred to a student under this subchapter; and store,
transport, or transfer equipment under this subchapter. 

Sec. 32.106.  RETURN OF EQUIPMENT.  (a) Requires a student who receives
equipment from a district or charter school under this subchapter to return
the equipment to the district or school not later than the earliest of
certain dates, except as provided by Subsection (b). 

(b) Provides that Subsection (a) does not apply if, at the time the student
is required to return the equipment under that subsection, the district or
school determines that the equipment has no marketable value. 

SECTION 2.  Amends Section 2175.126, Government Code, add language
regarding a school district or open-enrollment charter school in this state
under Chapter 32C, Education Code.  Makes conforming changes. 

SECTION 3.  Effective date: upon passage or September 1, 2001.