1-1                                   AN ACT
 1-2     relating to a financial accountability rating system for, and
 1-3     certain audit reports of, school districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter I, Chapter 39, Education Code, is
 1-6     amended by adding Sections 39.201 through 39.204 to read as
 1-7     follows:
 1-8           Sec. 39.201.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "Parent" includes a guardian or other person
1-10     having lawful control of a student.
1-11                 (2)  "System" means the financial accountability rating
1-12     system.
1-13           Sec. 39.202.  DEVELOPMENT AND IMPLEMENTATION.  (a)  The
1-14     commissioner shall, in consultation with the comptroller, develop
1-15     and implement a financial accountability rating system for school
1-16     districts in this state.
1-17           (b)  The system must include uniform indicators adopted by
1-18     the commissioner by which to measure a district's financial
1-19     management performance.
1-20           Sec. 39.203.  REPORTING.  (a)  The commissioner shall
1-21     develop, as part of the system, a reporting procedure under which:
1-22                 (1)  each school district is required to prepare and
1-23     distribute an annual financial management report; and
1-24                 (2)  the public is provided an opportunity to comment
1-25     on the report at a hearing.
 2-1           (b)  The annual financial management report must include:
 2-2                 (1)  a description of the  district's financial
 2-3     management performance based on a comparison, provided by the
 2-4     agency, of the district's performance on the indicators adopted
 2-5     under Section 39.202(b) to:
 2-6                       (A)  state-established standards; and
 2-7                       (B)  the district's previous performance on the
 2-8     indicators; and
 2-9                 (2)  any descriptive information required by the
2-10     commissioner.
2-11           (c)  The report may include:
2-12                 (1)  information concerning the district's:
2-13                       (A)  financial allocations;
2-14                       (B)  tax collections;
2-15                       (C)  financial strength;
2-16                       (D)  operating cost management;
2-17                       (E)  personnel management;
2-18                       (F)  debt management;
2-19                       (G)  facility acquisition and construction
2-20     management;
2-21                       (H)  cash management;
2-22                       (I)  budgetary planning;
2-23                       (J)  overall business management;
2-24                       (K)  compliance with rules; and
2-25                       (L)  data quality; and
2-26                 (2)  any other information the board of trustees
 3-1     determines to be necessary or useful.
 3-2           (d)  The board of trustees of each school district shall hold
 3-3     a public hearing on the report.  The board shall give notice of the
 3-4     hearing to  owners of real property in the district and to parents
 3-5     of district students.  In addition to other notice required by law,
 3-6     notice of the hearing must be provided:
 3-7                 (1)  to a newspaper of general circulation in the
 3-8     district; and
 3-9                 (2)  through electronic mail to media serving the
3-10     district.
3-11           (e)  After the hearing, the report shall be disseminated in
3-12     the district in the manner prescribed by the commissioner.
3-13           Sec. 39.204.  RULES.  The commissioner shall adopt rules as
3-14     necessary for the implementation  and administration of this
3-15     subchapter.
3-16           SECTION 2.  Subsection (d), Section 44.008, Education Code,
3-17     is amended to read as follows:
3-18           (d)  A copy of the annual audit report, approved by the board
3-19     of trustees, shall be filed by the district with the agency not
3-20     later than the 150th [120th] day after the end of the fiscal year
3-21     for which the audit was made.  If the board of trustees declines or
3-22     refuses to approve its auditor's report, it shall nevertheless file
3-23     with the agency a copy of the audit report with its statement
3-24     detailing reasons for failure to approve the report.
3-25           SECTION 3.  (a)  This Act takes effect September 1, 2001.
3-26           (b)  The commissioner of education shall implement a
 4-1     transitional financial accountability management system not later
 4-2     than September 1, 2002.
 4-3           (c)  The commissioner of education shall fully implement the
 4-4     financial accountability rating system prescribed by Subchapter I,
 4-5     Chapter 39, Education Code, as amended by this Act, not later than
 4-6     September 1, 2003.
 4-7           (d)  Section 44.008, Education Code, as amended by this Act,
 4-8     applies beginning with the annual audit of school districts for the
 4-9     2001-2002 school year.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 218 passed the Senate on
         April 2, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 24, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 218 passed the House, with
         amendments, on May 16, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor