1-1 By: West S.B. No. 702
1-2 (In the Senate - Filed February 14, 2001; February 15, 2001,
1-3 read first time and referred to Committee on Education;
1-4 April 30, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 30, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 702 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to compensatory, intensive, and accelerated education in
1-11 public schools.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The heading to Section 29.081, Education Code, is
1-14 amended to read as follows:
1-15 Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED
1-16 INSTRUCTION.
1-17 SECTION 2. Section 29.081, Education Code, is amended by
1-18 amending Subsections (a), (c), and (d) and adding Subsection (g) to
1-19 read as follows:
1-20 (a) Each school district shall use the student performance
1-21 data resulting from the basic skills assessment instruments and
1-22 achievement tests administered under Subchapter B, Chapter 39, to
1-23 design and implement appropriate compensatory, intensive, or
1-24 accelerated instructional services for students in the district's
1-25 schools that enable the students to be performing at grade level at
1-26 the conclusion of the next regular school term.
1-27 (c) Each school district shall evaluate and document the
1-28 effectiveness of the accelerated instruction in reducing any
1-29 disparity in performance on assessment instruments administered
1-30 under Subchapter B, Chapter 39, or disparity in the rates of high
1-31 school completion between students at risk of dropping out of
1-32 school and all other district students [the dropout rate and in
1-33 increasing achievement in the categories of students listed under
1-34 Subsection (d)].
1-35 (d) For purposes of this section, "student at risk of
1-36 dropping out of school" includes[:]
1-37 [(1)] each student [in grade levels 7 through 12] who
1-38 is under 21 years of age and who:
1-39 (1) [(A)] was not advanced from one grade level to the
1-40 next for one [two] or more school years;
1-41 (2) if the student is in grade 7, 8, 9, 10, 11, or 12,
1-42 [(B) has mathematics or reading skills that are two or more years
1-43 below grade level;]
1-44 [(C)] did not maintain an average equivalent to
1-45 70 on a scale of 100 in two or more subjects in the foundation
1-46 curriculum [courses] during a semester in the preceding or current
1-47 school year[,] or is not maintaining such an average in two or more
1-48 subjects in the foundation curriculum [courses] in the current
1-49 semester[, and is not expected to graduate within four years of the
1-50 date the student begins ninth grade];
1-51 (3) [(D)] did not perform satisfactorily on an
1-52 assessment instrument administered to the student under Subchapter
1-53 B, Chapter 39, and who has not in the previous or current school
1-54 year subsequently performed on that instrument or another
1-55 appropriate instrument at a level equal to at least 110 percent of
1-56 the level of satisfactory performance on that instrument; [or]
1-57 (4) if the student is in prekindergarten,
1-58 kindergarten, or grade 1, 2, or 3, did not perform satisfactorily
1-59 on a readiness test or assessment instrument administered during
1-60 the current school year;
1-61 (5) [(E)] is pregnant or is a parent;
1-62 (6) has been placed in an alternative education
1-63 program in accordance with Section 37.006 during the preceding or
1-64 current school year;
2-1 (7) has been expelled in accordance with Section
2-2 37.007 during the preceding or current school year;
2-3 (8) is currently on parole, probation, deferred
2-4 prosecution, or other conditional release;
2-5 (9) was previously reported through the Public
2-6 Education Information Management System (PEIMS) to have dropped out
2-7 of school;
2-8 (10) [(2) each student in prekindergarten through
2-9 grade 6 who:]
2-10 [(A) did not perform satisfactorily on a
2-11 readiness test or assessment instrument administered at the
2-12 beginning of the school year;]
2-13 [(B) did not perform satisfactorily on an
2-14 assessment instrument administered under Subchapter B, Chapter 39;]
2-15 [(C)] is a student of limited English
2-16 proficiency, as defined by Section 29.052;
2-17 (11) is in the custody or care of the Department of
2-18 Protective and Regulatory Services or has, during the current
2-19 school year, been referred to the department by a school official,
2-20 officer of the juvenile court, or law enforcement official;
2-21 (12) is homeless, as defined by 42 U.S.C. Section
2-22 11302, and its subsequent amendments; or
2-23 (13) resided in the preceding school year or [(D) is
2-24 sexually, physically, or psychologically abused; or]
2-25 [(E) engages in conduct described by Section
2-26 51.03(a), Family Code; and]
2-27 [(3) each student who is not disabled and who] resides
2-28 in the current school year in a residential placement facility in
2-29 the [a] district [in which the student's parent or legal guardian
2-30 does not reside], including a detention facility, substance abuse
2-31 treatment facility, emergency shelter, psychiatric hospital,
2-32 halfway house, or foster [family] group home.
2-33 (g) In addition to students described by Subsection (d), a
2-34 student who satisfies local eligibility criteria adopted by the
2-35 board of trustees of a school district may receive instructional
2-36 services under this section. The number of students receiving
2-37 services under this subsection during a school year may not exceed
2-38 10 percent of the number of students described by Subsection (d)
2-39 who received services from the district during the preceding school
2-40 year.
2-41 SECTION 3. Subsection (e), Section 39.027, Education Code,
2-42 is amended to read as follows:
2-43 (e) The commissioner shall develop an assessment system that
2-44 shall be used for evaluating the academic progress, including
2-45 reading proficiency in English, of all students of limited English
2-46 proficiency, as defined by Section 29.052. The performance under
2-47 the assessment system developed under this subsection of students
2-48 to whom Subsection (a)(3) applies shall be included in the academic
2-49 excellence indicator system under Section 39.051, the performance
2-50 report under Section 39.053, and the comprehensive annual
2-51 [biennial] report under Section 39.182.
2-52 SECTION 4. Subsection (b), Section 39.051, Education Code,
2-53 as amended by Chapters 396, 397, and 1422, Acts of the 76th
2-54 Legislature, Regular Session, 1999, is reenacted and amended to
2-55 read as follows:
2-56 (b) Performance on the indicators adopted under this section
2-57 shall be compared to state-established standards. The degree of
2-58 change from one school year to the next in performance on each
2-59 indicator adopted under this section shall also be considered. The
2-60 indicators must be based on information that is disaggregated by
2-61 [with respect to] race, ethnicity, gender [sex], and socioeconomic
2-62 status and must include:
2-63 (1) the results of assessment instruments required
2-64 under Sections 39.023(a), (c), and (l), aggregated by grade level
2-65 and subject area;
2-66 (2) dropout and completion rates;
2-67 (3) student attendance rates;
2-68 (4) the percentage of graduating students who attain
2-69 scores on the secondary exit-level assessment instruments required
3-1 under Subchapter B that are equivalent to a passing score on the
3-2 test instrument required under Section 51.306;
3-3 (5) the percentage of graduating students who meet the
3-4 course requirements established for the recommended high school
3-5 program by State Board of Education rule;
3-6 (6) the results of the Scholastic Assessment Test
3-7 (SAT), the American College Test (ACT), articulated postsecondary
3-8 degree programs described by Section 61.852, and certified
3-9 workforce training programs described by Chapter 311, Labor Code;
3-10 (7) the percentage [number] of students, aggregated by
3-11 grade level, provided accelerated instruction under Section
3-12 28.0211(c), the results of assessments administered under that
3-13 section, the percentage [number] of students promoted through the
3-14 grade placement committee process under Section 28.0211, the
3-15 subject of the assessment instrument on which each student failed
3-16 to perform satisfactorily, and the performance of those students in
3-17 the school year following that promotion on the assessment
3-18 instruments required under Section 39.023;
3-19 (8) for students who have failed to perform
3-20 satisfactorily on an assessment instrument required under Section
3-21 39.023(a) or (c), the numerical progress of those students on
3-22 subsequent assessment instruments required under those sections,
3-23 aggregated by grade level and subject area;
3-24 (9) the percentage of students exempted, by exemption
3-25 category, from the assessment program generally applicable under
3-26 this subchapter; and
3-27 (10) any other indicator the State Board of Education
3-28 adopts.
3-29 SECTION 5. Section 39.051, Education Code, is amended by
3-30 adding Subsection (g) to read as follows:
3-31 (g) The commissioner by rule shall adopt accountability
3-32 measures to be used in assessing the progress of students who have
3-33 failed to perform satisfactorily in the preceding school year on an
3-34 assessment instrument required under Section 39.023(a), (c), or
3-35 (l).
3-36 SECTION 6. Section 39.053, Education Code, as amended by
3-37 Chapters 510 and 1417, Acts of the 76th Legislature, Regular
3-38 Session, 1999, is reenacted and amended to read as follows:
3-39 Sec. 39.053. Performance Report. (a) Each board of
3-40 trustees shall publish an annual report describing the educational
3-41 performance of the district and of each campus in the district that
3-42 includes uniform student performance and descriptive information as
3-43 determined under rules adopted by the commissioner. The annual
3-44 report must also include:
3-45 (1) campus performance objectives established under
3-46 Section 11.253 and the progress of each campus toward those
3-47 objectives, which shall be available to the public;
3-48 (2) the performance rating for the district as
3-49 provided under Section 39.072(a) and the performance rating of each
3-50 campus in the district as provided under Section 39.072(c); [and]
3-51 (3) the district's current special education
3-52 compliance status with the agency;
3-53 (4) [. In addition, the annual report must include] a
3-54 statement of the number, rate, and type of violent or criminal
3-55 incidents that occurred on each district campus, to the extent
3-56 permitted under the Family Educational Rights and Privacy Act of
3-57 1974 (20 U.S.C. Section 1232g);
3-58 (5) [,] information concerning school violence
3-59 prevention and violence intervention policies and procedures that
3-60 the district is using to protect students;[,] and
3-61 (6) the findings that result from evaluations
3-62 conducted under the Safe and Drug-Free Schools and Communities Act
3-63 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
3-64 amendments.
3-65 (b) Supplemental information to be included in the reports
3-66 shall be determined by the board of trustees. Performance
3-67 information in the annual reports on the indicators established
3-68 under Section 39.051 and descriptive information required by this
3-69 section shall be provided by the agency.
4-1 (c) The board of trustees shall hold a hearing for public
4-2 discussion of the report. The board of trustees shall give notice
4-3 of the hearing to property owners in the district and parents,
4-4 guardians, conservators, and other persons having lawful control of
4-5 a district student. The notification must include notice to a
4-6 newspaper of general circulation in the district and notice to
4-7 electronic media serving the district. After the hearing the
4-8 report shall be widely disseminated within the district in a manner
4-9 to be determined under rules adopted by the commissioner.
4-10 (d) The report must also include a comparison provided by
4-11 the agency of:
4-12 (1) the performance of each campus to its previous
4-13 performance and to state-established standards;
4-14 (2) the performance of each district to its previous
4-15 performance and to state-established standards; and
4-16 (3) the performance of each campus or district to
4-17 comparable improvement.
4-18 (e) The report may include the following information:
4-19 (1) student information, including total enrollment,
4-20 enrollment by ethnicity, socioeconomic [economic] status, and grade
4-21 groupings and retention rates;
4-22 (2) financial information, including revenues and
4-23 expenditures;
4-24 (3) staff information, including number and type of
4-25 staff by gender [sex], ethnicity, years of experience, and highest
4-26 degree held, teacher and administrator salaries, and teacher
4-27 turnover;
4-28 (4) program information, including student enrollment
4-29 by program, teachers by program, and instructional operating
4-30 expenditures by program; and
4-31 (5) the number of students placed in an alternative
4-32 education program under Chapter 37.
4-33 (f) The State Board of Education by rule shall authorize the
4-34 combination of this report with other reports and financial
4-35 statements and shall restrict the number and length of reports that
4-36 school districts, school district employees, and school campuses
4-37 are required to prepare.
4-38 (g) The report must include a statement of the amount, if
4-39 any, of the school district's unencumbered surplus fund balance as
4-40 of the last day of the preceding fiscal year and the percentage of
4-41 the preceding year's budget that the surplus represents.
4-42 SECTION 7. Subsection (e), Section 39.073, Education Code,
4-43 is amended to read as follows:
4-44 (e) In determining a district's accreditation rating, the
4-45 agency shall consider:
4-46 (1) the district's current special education
4-47 compliance status with the agency; and
4-48 (2) the progress of students who have failed to
4-49 perform satisfactorily in the preceding school year on an
4-50 assessment instrument required under Section 39.023(a), (c), or
4-51 (l).
4-52 SECTION 8. The heading to Section 39.182, Education Code, is
4-53 amended to read as follows:
4-54 Sec. 39.182. COMPREHENSIVE ANNUAL [BIENNIAL] REPORT.
4-55 SECTION 9. Subsections (a) and (b), Section 39.182,
4-56 Education Code, are amended to read as follows:
4-57 (a) Not later than December 1 of each year, the [The] agency
4-58 shall prepare and deliver to the governor, the lieutenant governor,
4-59 the speaker of the house of representatives, each member of the
4-60 legislature, the Legislative Budget Board, and the clerks of the
4-61 standing committees of the senate and house of representatives with
4-62 primary jurisdiction over the public school system a comprehensive
4-63 report covering the preceding [two] school year [years] and
4-64 containing:
4-65 (1) an evaluation of the achievements of the state
4-66 educational program in relation to the statutory goals for the
4-67 public education system under Section 4.002;
4-68 (2) an evaluation of the status of education in the
4-69 state as reflected by the academic excellence indicators adopted
5-1 under Section 39.051;
5-2 (3) a summary compilation of overall student
5-3 performance on academic skills assessment instruments required by
5-4 Section 39.023 with the number and percentage of students exempted
5-5 from the administration of those instruments and the basis of the
5-6 exemptions, aggregated by grade level, subject area, campus, and
5-7 district, with appropriate interpretations and analysis and
5-8 disaggregated by race, ethnicity, gender [sex], and socioeconomic
5-9 status;
5-10 (4) a summary compilation of overall performance of
5-11 students placed in an alternative education program established
5-12 under Section 37.008 on academic skills assessment instruments
5-13 required by Section 39.023 with the number of those students
5-14 exempted from the administration of those instruments and the basis
5-15 of the exemptions, aggregated by district, grade level, and subject
5-16 area, with appropriate interpretations and analysis, and
5-17 disaggregated by race, ethnicity, gender, and socioeconomic status;
5-18 (5) a summary compilation of overall performance of
5-19 students at risk of dropping out of school, as defined by Section
5-20 29.081(d), on academic skills assessment instruments required by
5-21 Section 39.023 with the number of those students exempted from the
5-22 administration of those instruments and the basis of the
5-23 exemptions, aggregated by district, grade level, and subject area,
5-24 with appropriate interpretations and analysis, and disaggregated by
5-25 race, ethnicity, gender, and socioeconomic status;
5-26 (6) an evaluation of the correlation between student
5-27 grades and student performance on academic skills assessment
5-28 instruments required by Section 39.023;
5-29 (7) [(5)] a statement of the dropout rate of students
5-30 in grade levels 7 through 12, expressed in the aggregate and by
5-31 grade level;
5-32 (8) a statement of:
5-33 (A) the completion rate of students who enter
5-34 grade level 9 and graduate not more than four years later;
5-35 (B) the completion rate of students who enter
5-36 grade level 9 and graduate, including students who require more
5-37 than four years to graduate;
5-38 (C) the completion rate of students who enter
5-39 grade level 9 and not more than four years later receive a high
5-40 school equivalency certificate;
5-41 (D) the completion rate of students who enter
5-42 grade level 9 and receive a high school equivalency certificate,
5-43 including students who require more than four years to receive a
5-44 certificate; and
5-45 (E) the number and percentage of all students
5-46 who have not been accounted for under Paragraph (A), (B), (C), or
5-47 (D);
5-48 (9) [(6)] a statement of the projected cross-sectional
5-49 and longitudinal dropout rates for grade levels 9 [7] through 12
5-50 for the next five years, assuming no state action is taken to
5-51 reduce the dropout rate;
5-52 (10) [(7)] a description of a systematic, measurable
5-53 plan for reducing the projected cross-sectional and longitudinal
5-54 dropout rates to five percent or less for the 1997-1998 school
5-55 year;
5-56 (11) [(8)] a summary of the information required by
5-57 Section 29.083 regarding grade level retention of students and
5-58 information concerning:
5-59 (A) the number and percentage of students
5-60 retained; and
5-61 (B) the performance of retained students on
5-62 assessment instruments required under Section 39.023(a);
5-63 (12) information, aggregated by district type and
5-64 disaggregated by race, ethnicity, gender, and socioeconomic status,
5-65 on:
5-66 (A) the number of students placed in an
5-67 alternative education program established under Section 37.008;
5-68 (B) the average length of a student's placement
5-69 in an alternative education program established under Section
6-1 37.008;
6-2 (C) the academic performance of students on
6-3 assessment instruments required under Section 39.023(a) during the
6-4 year preceding and during the year following placement in an
6-5 alternative education program; and
6-6 (D) the dropout rates of students who have been
6-7 placed in an alternative education program established under
6-8 Section 37.008;
6-9 (13) [(9)] a list of each school district or campus
6-10 that does not satisfy performance standards, with an explanation of
6-11 the actions taken by the commissioner to improve student
6-12 performance in the district or campus and an evaluation of the
6-13 results of those actions;
6-14 (14) [(10)] an evaluation of the status of the
6-15 curriculum taught in public schools, with recommendations for
6-16 legislative changes necessary to improve or modify the curriculum
6-17 required by Section 28.002;
6-18 (15) [(11)] a description of all funds received by and
6-19 each activity and expenditure of the agency;
6-20 (16) [(12)] a summary and analysis of the compliance
6-21 of school districts with administrative cost ratios set by the
6-22 commissioner under Section 42.201, including any improvements and
6-23 cost savings achieved by school districts;
6-24 (17) [(13)] a summary of the effect of deregulation,
6-25 including exemptions and waivers granted under Section 7.056 or
6-26 39.112;
6-27 (18) [(14)] a statement of the total number and length
6-28 of reports that school districts and school district employees must
6-29 submit to the agency, identifying which reports are required by
6-30 federal statute or rule, state statute, or agency rule, and a
6-31 summary of the agency's efforts to reduce overall reporting
6-32 requirements;
6-33 (19) [(15)] a list of each school district that is not
6-34 in compliance with state special education requirements, including:
6-35 (A) the period for which the district has not
6-36 been in compliance;
6-37 (B) the manner in which the agency considered
6-38 the district's failure to comply in determining the district's
6-39 accreditation status; and
6-40 (C) an explanation of the actions taken by the
6-41 commissioner to ensure compliance and an evaluation of the results
6-42 of those actions;
6-43 (20) a comparison of the performance of
6-44 open-enrollment charter schools and school districts on the
6-45 academic excellence indicators specified in Section 39.051(b) and
6-46 accountability measures adopted under Section 39.051(g), with a
6-47 separately aggregated comparison of the performance of
6-48 open-enrollment charter schools predominantly serving students at
6-49 risk of dropping out of school, as defined by Section 29.081(d),
6-50 with the performance of school districts; and
6-51 (21) [(16)] any additional information considered
6-52 important by the commissioner or the State Board of Education.
6-53 (b) In reporting the information required by Subsection
6-54 (a)(3) or (4), the agency may separately aggregate the performance
6-55 data of students enrolled in a special education program under
6-56 Subchapter A, Chapter 29, or a bilingual education or special
6-57 language program under Subchapter B, Chapter 29.
6-58 SECTION 10. Section 39.185, Education Code, is amended to
6-59 read as follows:
6-60 Sec. 39.185. Interim Report. Not later than December 1 of
6-61 each odd-numbered year, the agency shall prepare and deliver to the
6-62 governor, the lieutenant governor, the speaker of the house of
6-63 representatives, each member of the legislature, the Legislative
6-64 Budget Board, and the clerks of the standing committees of the
6-65 senate and house of representatives with primary jurisdiction over
6-66 the public school system an interim report containing, for the
6-67 previous school year, the information required by[:]
6-68 [(1) Sections 39.182(a)(2), (3), (5), (6), (7), (9),
6-69 (11), and (13); and]
7-1 [(2)] Section 39.183(2).
7-2 SECTION 11. Section 42.152, Education Code, is amended by
7-3 amending Subsections (c), (s), and (t) and adding Subsections (r)
7-4 and (u) to read as follows:
7-5 (c) Funds allocated under this section shall be used only to
7-6 fund supplemental programs and services designed to eliminate any
7-7 disparity in performance on assessment instruments administered
7-8 under Subchapter B, Chapter 39, or disparity in the rates of high
7-9 school completion between students at risk of dropping out of
7-10 school, as defined by Section 29.081, and all other students.
7-11 Specifically, the funds, other than an indirect cost allotment
7-12 established under State Board of Education rule, which may not
7-13 exceed 15 percent, may be used only to meet the costs of [in]
7-14 providing a compensatory, intensive, or [education and] accelerated
7-15 instruction program [programs] under Section 29.081 or an
7-16 alternative education program established under Section 37.008 or
7-17 to support a program eligible under Title I of the Elementary and
7-18 Secondary Education Act of 1965, as provided by Pub. L. No. 103-382
7-19 and its subsequent amendments, and by federal regulations
7-20 implementing that Act, at a campus at which at least 50 percent of
7-21 the students are educationally disadvantaged [and may only be spent
7-22 to improve and enhance programs and services funded under the
7-23 regular education program]. In meeting the costs of providing a
7-24 compensatory, intensive, or accelerated instruction program under
7-25 Section 29.081, a [A] district's compensatory education allotment
7-26 may be used only for costs supplementary to the regular education
7-27 program, such as costs for program and student evaluation,
7-28 instructional materials and equipment and other supplies required
7-29 for quality instruction, supplemental staff expenses, salary for
7-30 teachers of at-risk students, smaller class size, and
7-31 individualized instruction. A home-rule school district or an
7-32 open-enrollment charter school must use funds allocated under
7-33 Subsection (a) for a purpose authorized in this subsection [to
7-34 provide compensatory education services] but is not otherwise
7-35 subject to Subchapter C, Chapter 29.
7-36 (r) The commissioner shall grant a one-year exemption from
7-37 the requirements of Subsection (g) to a school district in which
7-38 the group of students who have failed to perform satisfactorily in
7-39 the preceding school year on an assessment instrument required
7-40 under Section 39.0239(a), (c), or (l) subsequently performs on
7-41 those assessment instruments at a level that meets or exceeds a
7-42 level prescribed by commissioner rule. Each year the commissioner,
7-43 based on the most recent information available, shall determine if
7-44 a school district is entitled to an exemption for the following
7-45 school year and notify the district of that determination.
7-46 (s) Subsection (r) applies beginning with the 2003-2004
7-47 school year. This subsection expires September 1, 2004.
7-48 (t) A reduction made under this section or the General
7-49 Appropriations Act in the allotment under this section does not
7-50 affect the computation of students in weighted average daily
7-51 attendance for purposes of Subchapter F.
7-52 (u) [(t)] For each year of a state fiscal biennium, the
7-53 commissioner shall reduce the guaranteed level of state and local
7-54 funds per weighted student per cent of tax effort under Section
7-55 42.302 by an amount sufficient to reduce state costs in an amount
7-56 equal to the increase in state costs due to the application of
7-57 Subsection (t) [(s)]. The commissioner shall determine the same
7-58 reduction for each year and shall announce the determination as
7-59 soon as practicable after August 1 preceding the beginning of the
7-60 biennium. A determination by the commissioner under this section
7-61 is final and may not be appealed.
7-62 SECTION 12. (a) Except as otherwise provided by this
7-63 section, this Act applies beginning with the 2001-2002 school year.
7-64 (b) Subsection (g), Section 39.051, Education Code, as added
7-65 by this Act, and Subsection (e), Section 39.053, Education Code, as
7-66 amended by this Act, apply beginning with the 2003-2004 school
7-67 year.
7-68 (c) Section 39.182, Education Code, as amended by this Act,
7-69 applies beginning with the report required to be prepared not later
8-1 than December 1, 2001, except that the Texas Education Agency shall
8-2 include information specified under Paragraph (E), Subdivision (8),
8-3 Subsection (a), Section 39.182, Education Code, as added by this
8-4 Act, beginning with the report due December 1, 2004, and shall
8-5 include, to the extent available, alternative information relating
8-6 to students who leave school in the reports due in 2001, 2002, and
8-7 2003.
8-8 SECTION 13. This Act takes effect immediately if it receives
8-9 a vote of two-thirds of all the members elected to each house, as
8-10 provided by Section 39, Article III, Texas Constitution. If this
8-11 Act does not receive the vote necessary for immediate effect, this
8-12 Act takes effect September 1, 2001.
8-13 * * * * *