By Grusendorf, Burnam, Hope, Averitt, H.B. No. 1144
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school accountability and to measures to improve
1-3 proficiency in certain subjects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 7, Education Code, is
1-6 amended by adding Section 7.006 to read as follows:
1-7 Sec. 7.006. COORDINATION OF RECORDS. The commissioner of
1-8 education and the commissioner of higher education shall ensure
1-9 that records relating to student performance held by the Texas
1-10 Education Agency and the Texas Higher Education Coordinating Board
1-11 are coordinated and maintained in standardized, compatible formats
1-12 that permit:
1-13 (1) the exchange of information between the agencies;
1-14 and
1-15 (2) the matching of individual student records so that
1-16 a student's academic performance may be assessed throughout the
1-17 student's educational career.
1-18 SECTION 2. Subchapter B, Chapter 21, Education Code, is
1-19 amended by adding Section 21.0482 to read as follows:
1-20 Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION. (a)
1-21 To ensure that there are teachers with special training to work
1-22 with other teachers and with students in order to improve student
1-23 mathematics performance, the board shall establish:
1-24 (1) a master mathematics teacher certificate to teach
1-25 mathematics at elementary school grade levels;
2-1 (2) a master mathematics teacher certificate to teach
2-2 mathematics at middle school grade levels; and
2-3 (3) a master mathematics teacher certificate to teach
2-4 mathematics at high school grade levels.
2-5 (b) The board shall issue the appropriate master mathematics
2-6 teacher certificate to each eligible person.
2-7 (c) To be eligible for a master mathematics teacher
2-8 certificate, a person must:
2-9 (1) hold a teaching certificate issued under this
2-10 subchapter;
2-11 (2) have at least three years of teaching experience;
2-12 (3) satisfactorily complete a knowledge-based course
2-13 of instruction on the science of teaching children mathematics that
2-14 includes training in mathematics instruction and professional peer
2-15 mentoring techniques that, through scientific testing, have been
2-16 proven effective;
2-17 (4) perform satisfactorily on the appropriate master
2-18 mathematics teacher certification examination prescribed by the
2-19 board; and
2-20 (5) satisfy any other requirements prescribed by the
2-21 board.
2-22 (d) The course of instruction prescribed under Subsection
2-23 (c)(3) shall be developed by the board in consultation with
2-24 mathematics and science faculty members at institutions of higher
2-25 education.
2-26 SECTION 3. Subchapter I, Chapter 21, Education Code, is
2-27 amended by adding Section 21.411 to read as follows:
3-1 Sec. 21.411. MASTER MATHEMATICS TEACHER GRANT PROGRAM. (a)
3-2 The commissioner shall establish a master mathematics teacher grant
3-3 program to encourage teachers to:
3-4 (1) become certified as master mathematics teachers;
3-5 and
3-6 (2) work with other teachers and with students in
3-7 order to improve student mathematics performance.
3-8 (b) From funds appropriated for the purpose, the
3-9 commissioner shall make grants to school districts as provided by
3-10 this section to pay stipends to selected certified master
3-11 mathematics teachers who teach at high-need campuses.
3-12 (c) The commissioner shall annually identify each high-need
3-13 campus in a school district using criteria established by the
3-14 commissioner by rule, including performance on the mathematics
3-15 assessment instrument administered under Section 39.023. The
3-16 commissioner shall also use the criteria to rank campuses in order
3-17 of greatest need.
3-18 (d) A school district may apply to the commissioner for
3-19 grants for each high-need campus identified by the commissioner to
3-20 be used to pay stipends to certified master mathematics teachers in
3-21 accordance with this section. Unless reduced under Subsection (g)
3-22 or (i), each grant is in the amount of $5,000. The commissioner
3-23 shall approve the application if the district:
3-24 (1) applies within the period and in the manner
3-25 required by rule adopted by the commissioner; and
3-26 (2) agrees to use each grant only for the purpose of
3-27 paying a year-end stipend to a master mathematics teacher:
4-1 (A) who holds the appropriate certificate issued
4-2 under Section 21.0482;
4-3 (B) who teaches in a position prescribed by the
4-4 district at a high-need campus identified by the commissioner;
4-5 (C) whose primary duties include:
4-6 (i) teaching mathematics; and
4-7 (ii) serving as a mathematics teaching
4-8 mentor to other teachers for the amount of time and in the manner
4-9 established by the district and by rule adopted by the
4-10 commissioner; and
4-11 (D) who satisfies any other requirements
4-12 established by rule adopted by the commissioner.
4-13 (e) Unless reduced under Subsection (g) or (i), a stipend
4-14 under Subsection (d)(2) is in the amount of $5,000.
4-15 (f) The commissioner shall adopt rules for the distribution
4-16 of grants to school districts following the year of the initial
4-17 grant. A district that has been approved for a grant to pay a
4-18 stipend to a certified master mathematics teacher is not required
4-19 to reapply for a grant for two consecutive school years following
4-20 the year of the initial grant if the district:
4-21 (1) continues to pay a stipend as provided by
4-22 Subsection (g); and
4-23 (2) notifies the commissioner in writing, within the
4-24 period and in the manner prescribed by the commissioner, that the
4-25 circumstances on which the grant was based have not changed.
4-26 (g) The commissioner shall reduce payments to a school
4-27 district proportionately to the extent a teacher does not meet the
5-1 requirements under Subsection (d)(2) for the entire school year. A
5-2 district that employs more certified master mathematics teachers
5-3 than the number of grants available under this section shall select
5-4 the certified master mathematics teachers to whom to pay stipends
5-5 based on a policy adopted by the board of trustees of the district,
5-6 except that a district shall pay a stipend for two additional
5-7 consecutive school years to a teacher the district has selected for
5-8 and paid a stipend for a school year, who remains eligible for a
5-9 stipend under Subsection (d)(2), and for whom the district receives
5-10 a grant under this section for those years. A decision of the
5-11 district under this subsection is final and may not be appealed.
5-12 The district may not apportion among teachers a stipend paid for
5-13 with a grant the district receives under this section. The
5-14 district may use local money to pay additional stipends in amounts
5-15 determined by the district.
5-16 (h) A grant a school district receives under this section is
5-17 in addition to any funding the district receives under Chapter 42.
5-18 The commissioner shall distribute funds under this section with the
5-19 Foundation School Program payment to which the district is entitled
5-20 as soon as practicable after the end of the school year as
5-21 determined by the commissioner. A district to which Chapter 41
5-22 applies is entitled to the grants paid under this section. The
5-23 commissioner shall determine the timing of the distribution of
5-24 grants to a district that does not receive Foundation School
5-25 Program payments.
5-26 (i) This section does not create a property right to a grant
5-27 or stipend. A school district is entitled to a grant to carry out
6-1 the purposes of this section only to the extent the commissioner
6-2 makes the grant in accordance with this section and only to the
6-3 extent sufficient state funds are appropriated for those purposes.
6-4 If state funds are appropriated but are insufficient to fully fund
6-5 a grant, the commissioner shall reduce the grant paid to each
6-6 district and the district shall reduce the stipend the district
6-7 pays to each teacher under this section proportionately so that
6-8 each selected teacher receives the same amount of money.
6-9 (j) A decision of the commissioner concerning the amount of
6-10 money to which a school district is entitled under this section is
6-11 final and may not be appealed. Each district shall, in the manner
6-12 and at the time prescribed by the commissioner, provide to the
6-13 commissioner proof acceptable to the commissioner of the master
6-14 mathematics teacher certification of a teacher to whom the district
6-15 is paying a stipend under this section.
6-16 (k) The commissioner may audit the expenditure of money
6-17 appropriated for purposes of this section. A district's use of the
6-18 money appropriated for purposes of this section shall be verified
6-19 as part of the district audit under Section 44.008.
6-20 (l) A stipend a teacher receives under this section is not
6-21 considered in determining whether the district is paying the
6-22 teacher the minimum monthly salary under Section 21.402.
6-23 (m) The commissioner may adopt other rules as necessary to
6-24 implement this section.
6-25 SECTION 4. Subchapter J, Chapter 21, Education Code, is
6-26 amended by adding Sections 21.454 and 21.455 to read as follows:
6-27 Sec. 21.454. MATHEMATICS TRAINING. (a) The commissioner
7-1 shall develop training materials and other teacher training
7-2 resources for a school district to use in assisting mathematics
7-3 teachers in developing:
7-4 (1) expertise in the appropriate mathematics
7-5 curriculum; and
7-6 (2) comprehension of the instructional approaches
7-7 that, through scientific testing, have been proven effective in
7-8 improving student mathematics skills.
7-9 (b) The commissioner shall develop materials and resources
7-10 under this section in consultation with appropriate faculty members
7-11 at institutions of higher education.
7-12 (c) The commissioner shall make the training materials and
7-13 other teacher training resources required under Subsection (a)
7-14 available to mathematics teachers through a variety of mechanisms,
7-15 including distance learning, mentoring programs, small group
7-16 inquiries, computer-assisted training, and mechanisms based on
7-17 trainer-of-trainer models.
7-18 (d) The commissioner shall use funds appropriated for the
7-19 purpose to administer this section.
7-20 Sec. 21.455. PROFESSIONAL DEVELOPMENT INSTITUTES IN
7-21 MATHEMATICS. (a) The commissioner shall develop and make available
7-22 professional development institutes for teachers who provide
7-23 instruction in mathematics to students at the fifth through eighth
7-24 grade levels.
7-25 (b) A professional development institute developed under
7-26 this section must address:
7-27 (1) the underlying mathematical skills required to be
8-1 taught at the relevant grade levels; and
8-2 (2) mathematical instruction techniques that, through
8-3 scientific testing, have been proven effective.
8-4 (c) The commissioner shall develop professional development
8-5 institutes under this section in consultation with mathematics and
8-6 science faculty members at institutions of higher education.
8-7 (d) The commissioner shall adopt criteria for selection of
8-8 teachers authorized to attend a professional development institute
8-9 developed under this section.
8-10 (e) From funds appropriated for the purpose, the
8-11 commissioner shall pay a stipend to each teacher who completes a
8-12 professional development institute developed under this section.
8-13 The commissioner shall determine the amount of the stipend paid
8-14 under this subsection.
8-15 SECTION 5. Subchapter C, Chapter 7, Education Code, is
8-16 amended by adding Sections 7.058 and 7.059 to read as follows:
8-17 Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
8-18 PROGRAM EFFECTIVENESS. From funds appropriated for the purpose,
8-19 the commissioner shall award to one or more institutions that have
8-20 demonstrated an ability to conduct science-based research on
8-21 effective instructional strategies that improve student performance
8-22 in mathematics a grant to be used to:
8-23 (1) develop and identify research on mathematics
8-24 skills acquisition and student learning in mathematics;
8-25 (2) monitor the effectiveness of professional
8-26 development institutes under Section 21.455 based on performance in
8-27 mathematics by the students of teachers who have attended an
9-1 institute;
9-2 (3) examine the effect of professional development
9-3 institutes on the classroom performance of teachers who have
9-4 attended an institute;
9-5 (4) identify common practices used at high-performing
9-6 school campuses that lead to improved student performance in
9-7 mathematics; and
9-8 (5) develop research on cognitive development in
9-9 children concerning mathematics skills development.
9-10 Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE. (a)
9-11 From funds appropriated for the purpose, the commissioner shall
9-12 develop and make available a service that assists teachers in
9-13 providing and grading mathematics homework assignments. The
9-14 service may also assist teachers in providing and grading student
9-15 examinations.
9-16 (b) In making the service described by Subsection (a)
9-17 available, the commissioner shall consider all methods available
9-18 through advanced technology, especially methods using the Internet,
9-19 to distribute mathematics homework assignments and to provide
9-20 immediate assessment of a student's work on the assignment.
9-21 (c) Each homework assignment developed for the service:
9-22 (1) must be created with consideration for the
9-23 underlying mathematical skills required to be taught at the grade
9-24 level for which the assignment is designed;
9-25 (2) must be based on a step-by-step procedure for
9-26 solving mathematical problems provided by the assignment that may
9-27 be adapted to individual student and instructor needs;
10-1 (3) must be accompanied by a solution to each
10-2 mathematical problem assigned; and
10-3 (4) may be accompanied by other pedagogically valuable
10-4 material appropriate for a particular student.
10-5 SECTION 6. Subchapter A, Chapter 28, Education Code, is
10-6 amended by adding Section 28.007 to read as follows:
10-7 Sec. 28.007. MATHEMATICS DIAGNOSIS. (a) Using funds
10-8 appropriated for the purpose, the commissioner shall develop and
10-9 make available or contract for the development and dissemination of
10-10 assessment instruments that a school district may use to diagnose
10-11 student mathematics skills. In developing the assessment
10-12 instruments, all assessment methods available through advanced
10-13 technology, including methods using the Internet or other computer
10-14 resources to provide immediate assessment of a student's skills
10-15 shall be considered.
10-16 (b) The results of assessment instruments developed under
10-17 Subsection (a) may not be used for purposes of appraisals and
10-18 incentives under Chapter 21 or accountability under Chapter 39.
10-19 SECTION 7. Subchapter C, Chapter 29, Education Code, is
10-20 amended by adding Section 29.087 to read as follows:
10-21 Sec. 29.087. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS
10-22 INSTRUCTION PROGRAMS. (a) A school district may provide an
10-23 intensive after-school program or an intensive program during the
10-24 period that school is recessed for the summer to provide
10-25 mathematics instruction to:
10-26 (1) students who are not performing at grade level in
10-27 mathematics to assist those students in performing at grade level;
11-1 (2) students who are not performing successfully in a
11-2 mathematics course to assist those students in successfully
11-3 completing the course; or
11-4 (3) students other than those described by Subdivision
11-5 (1) or (2), as determined by the district.
11-6 (b) Before providing a program under this section, the board
11-7 of trustees of a school district must adopt a policy for:
11-8 (1) determining student eligibility for participating
11-9 in the program that:
11-10 (A) prescribes the grade level or course a
11-11 student must be enrolled in to be eligible; and
11-12 (B) provides for considering teacher
11-13 recommendations in determining eligibility;
11-14 (2) ensuring that parents of or persons standing in
11-15 parental relation to eligible students are provided notice of the
11-16 program;
11-17 (3) ensuring that eligible students are encouraged to
11-18 attend the program;
11-19 (4) ensuring that the program is offered at one or
11-20 more locations in the district that are easily accessible to
11-21 eligible students; and
11-22 (5) measuring student progress on completion of the
11-23 program.
11-24 (c) The commissioner by rule shall:
11-25 (1) prescribe a procedure that a school district must
11-26 follow to apply for and receive funding for a program under this
11-27 section;
12-1 (2) adopt guidelines for determining which districts
12-2 receive funding if there is not sufficient funding for each
12-3 district that applies;
12-4 (3) require each district providing a program to
12-5 report student performance results to the commissioner within the
12-6 period and in the manner prescribed by the rule; and
12-7 (4) based on district reports under Subdivision (3)
12-8 and any required analysis and verification of those reports,
12-9 disseminate to each district in this state information concerning
12-10 instructional methods that have proved successful in improving
12-11 student performance in mathematics.
12-12 (d) A program provided under this section shall be paid for
12-13 with funds appropriated for that purpose.
12-14 SECTION 8. Section 39.023, Education Code, is amended by
12-15 amending Subsections (e) and (i) and adding Subsections (d), (j),
12-16 and (m) to read as follows:
12-17 (d) The commissioner may participate in multistate efforts
12-18 to develop voluntary standardized end-of-course assessment
12-19 instruments. The commissioner by rule may require a school
12-20 district to administer an end-of-course assessment instrument
12-21 developed through the multistate efforts. The admission, review,
12-22 and dismissal committee of a student in a special education program
12-23 under Subchapter A, Chapter 29, shall determine whether any
12-24 allowable modification is necessary in administering to the student
12-25 an end-of-course assessment instrument or whether the student
12-26 should be exempted under Section 39.027(a)(2).
12-27 (e) Under rules adopted by the State Board of Education, the
13-1 agency shall release the questions and answer keys to each
13-2 assessment instrument administered under Subsection (a), (b), (c),
13-3 (d), or (l) after the last time the instrument is administered for
13-4 a school year. To ensure a valid bank of questions for use each
13-5 year, the agency is not required to release a question that is
13-6 being field-tested and was not used to compute the student's score
13-7 on the instrument. The agency shall also release, under board
13-8 rule, each question that is no longer being field-tested and that
13-9 was not used to compute a student's score.
13-10 (i) The provisions of this section, except Subsection (d),
13-11 are subject to modification by rules adopted under Section 39.022.
13-12 Each assessment instrument adopted under those rules and each
13-13 assessment instrument required under Subsection (d) must be
13-14 reliable and valid and must meet any applicable federal
13-15 requirements for measurement of student progress.
13-16 (j) The commissioner shall develop a standardized
13-17 end-of-course assessment instrument for Algebra I. The
13-18 commissioner by rule may require a school district to administer an
13-19 end-of-course assessment instrument in Algebra I. The admission,
13-20 review, and dismissal committee of a student in a special education
13-21 program under Subchapter A, Chapter 29, shall determine whether any
13-22 allowable modification is necessary in administering to the student
13-23 an end-of-course assessment instrument or whether the student
13-24 should be exempted under Section 39.027(a)(2).
13-25 (m) This subsection applies only to a student who is
13-26 determined to have dyslexia or a related disorder and who is an
13-27 individual with a disability under 29 U.S.C. Section 705(20) and
14-1 its subsequent amendments. The agency shall adopt or develop
14-2 appropriate criterion-referenced assessment instruments designed to
14-3 assess the ability of and to be administered to each student to
14-4 whom this subsection applies for whom the assessment instruments
14-5 adopted under Subsection (a), even with allowable modifications,
14-6 would not provide an appropriate measure of student achievement, as
14-7 determined by the committee established by the board of trustees of
14-8 the district to determine the placement of students with dyslexia
14-9 or related disorders. The committee shall determine whether any
14-10 allowable modification is necessary in administering to a student
14-11 an assessment instrument required under this subsection. The
14-12 assessment instruments required under this subsection shall be
14-13 administered on the same schedule as the assessment instruments
14-14 administered under Subsection (a).
14-15 SECTION 9. (a) Subchapter D, Chapter 39, Education Code, is
14-16 amended by adding Section 39.0721 to read as follows:
14-17 Sec. 39.0721. VOLUNTARY GOLD PERFORMANCE RATING PROGRAM. (a)
14-18 In addition to district and campus performance ratings reported
14-19 under Section 39.072, the commissioner, in consultation with an
14-20 advisory committee appointed under this section, shall develop a
14-21 voluntary gold performance rating program based on enhanced
14-22 performance. The agency shall administer the program.
14-23 (b) Under the voluntary gold performance rating program, a
14-24 district or campus rated exemplary under Section 39.072 may apply
14-25 to the agency for an exemplary gold rating, a district or campus
14-26 rated recognized may apply for a recognized gold rating, and a
14-27 district or campus rated academically acceptable may apply for an
15-1 academically acceptable gold rating.
15-2 (c) The performance standards on which a voluntary gold
15-3 performance rating is based should include:
15-4 (1) student proficiency on:
15-5 (A) assessment instruments administered under
15-6 Sections 39.023(a), (c), and (l); and
15-7 (B) other measures of proficiency determined by
15-8 the commissioner;
15-9 (2) student performance on one or more nationally
15-10 recognized norm-referenced assessment instruments;
15-11 (3) improvement in student performance;
15-12 (4) in the case of middle or junior high school
15-13 campuses, student proficiency in mathematics, including algebra;
15-14 and
15-15 (5) in the case of high school campuses:
15-16 (A) the extent to which graduating students are
15-17 academically prepared to attend institutions of higher education;
15-18 (B) the percentage of students who take advanced
15-19 placement tests and student performance on those tests; and
15-20 (C) the percentage of students who take and
15-21 successfully complete college-level course work offered through
15-22 concurrent enrollment programs provided under agreements between
15-23 high schools and institutions of higher education.
15-24 (d) The advisory committee assisting the commissioner in
15-25 developing the voluntary gold performance rating program consists
15-26 of seven members appointed by the commissioner as follows:
15-27 (1) two public school teachers;
16-1 (2) two public school administrators; and
16-2 (3) three persons with experience in the area of
16-3 public school accountability.
16-4 (e) The commissioner may adopt rules as necessary to
16-5 implement and administer this section, including rules establishing
16-6 a procedure and form a district or campus must use in applying to
16-7 the agency for a voluntary rating.
16-8 (b) Not later than March 1, 2002, the commissioner of
16-9 education shall appoint members to the advisory committee for the
16-10 voluntary gold performance rating program as provided by Section
16-11 39.0721(d), Education Code, as added by Subsection (a) of this
16-12 section.
16-13 (c) Not later than March 30, 2006, the commissioner of
16-14 education shall complete development of the voluntary gold
16-15 performance rating program as provided by Section 39.0721,
16-16 Education Code, as added by Subsection (a) of this section, and
16-17 shall adopt any rules necessary for implementation and
16-18 administration of Section 39.0721, Education Code.
16-19 (d) Beginning with the 2006-2007 school year or an earlier
16-20 school year, the Texas Education Agency shall implement the
16-21 voluntary gold performance rating program under Section 39.0721,
16-22 Education Code, as added by Subsection (a) of this section.
16-23 SECTION 10. Section 39.131, Education Code, is amended by
16-24 adding Subsection (a-1) to read as follows:
16-25 (a-1) This subsection applies regardless of whether a
16-26 district has satisfied the accreditation criteria. If for a period
16-27 of one year or more a district has had a master or management team
17-1 assigned, the commissioner may appoint a board of managers composed
17-2 of residents of the district to exercise the powers and duties of
17-3 the board of trustees.
17-4 SECTION 11. Section 822.201(b), Government Code, is amended
17-5 to read as follows:
17-6 (b) "Salary and wages" as used in Subsection (a) means:
17-7 (1) normal periodic payments of money for service the
17-8 right to which accrues on a regular basis in proportion to the
17-9 service performed;
17-10 (2) amounts by which the member's salary is reduced
17-11 under a salary reduction agreement authorized by Chapter 610;
17-12 (3) amounts that would otherwise qualify as salary and
17-13 wages under Subdivision (1) but are not received directly by the
17-14 member pursuant to a good faith, voluntary written salary reduction
17-15 agreement in order to finance payments to a deferred compensation
17-16 or tax sheltered annuity program specifically authorized by state
17-17 law or to finance benefit options under a cafeteria plan qualifying
17-18 under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
17-19 Section 125)], if:
17-20 (A) the program or benefit options are made
17-21 available to all employees of the employer; and
17-22 (B) the benefit options in the cafeteria plan
17-23 are limited to one or more options that provide deferred
17-24 compensation, group health and disability insurance, group term
17-25 life insurance, dependent care assistance programs, or group legal
17-26 services plans;
17-27 (4) performance pay awarded to an employee by a school
18-1 district as part of a total compensation plan approved by the board
18-2 of trustees of the district and meeting the requirements of
18-3 Subsection (e); [and]
18-4 (5) the benefit replacement pay a person earns under
18-5 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
18-6 74th Legislature, 1995, except as provided by Subsection (c); and
18-7 (6) stipends paid to teachers in accordance with
18-8 Section 21.410 or 21.411, Education Code.
18-9 SECTION 12. (a) The State Board for Educator Certification
18-10 shall propose rules establishing requirements and prescribing an
18-11 examination for master mathematics teacher certification as
18-12 required by Section 21.0482, Education Code, as added by this Act,
18-13 not later than January 1, 2003.
18-14 (b) Beginning with the 2003-2004 school year:
18-15 (1) the commissioner of education shall pay grants
18-16 under Section 21.411, Education Code, as added by this Act; and
18-17 (2) school districts receiving grants shall pay
18-18 stipends to certified master mathematics teachers under Section
18-19 21.411, Education Code, as added by this Act.
18-20 SECTION 13. Before the 2005-2006 school year, the Texas
18-21 Education Agency shall field-test assessment instruments required
18-22 to be adopted or developed under Section 39.023(m), Education Code,
18-23 as added by this Act. Not later than the 2005-2006 school year,
18-24 the Texas Education Agency shall adopt or develop and the State
18-25 Board of Education shall administer those assessment instruments.
18-26 SECTION 14. This Act takes effect immediately if it receives
18-27 a vote of two-thirds of all the members elected to each house, as
19-1 provided by Section 39, Article III, Texas Constitution. If this
19-2 Act does not receive the vote necessary for immediate effect, this
19-3 Act takes effect September 1, 2001.