This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSHB 3459 by adding a new, appropriately numbered
SECTION to read as follows:
SECTION _____. (a) Notwithstanding any other provision of
law, the commissioner of education may contract for the performance
of or delegate all or part of the duties assigned to the
commissioner or the Texas Education Agency under the Texas Driver
and Traffic Safety Education Act, Article 4413(29c) and Section
29.902, Education Code, to a private or public entity in accordance
with this section.
(b) The commissioner shall enter into a written
agreement that describes the responsibilities of the commissioner
and agency and the entity to which a function is delegated or
contracted.
(c) Any rule of the commissioner enacted under Article
4413(29c) remains in effect after a delegation or contract
authorized under this section until amended by the commissioner.
Any investigation, sanction, fine or administrative or judicial
proceeding in progress on the date of delegation or effective date
of a contract shall continue in effect without regard to the
delegation or contract. Any fees due under Article 4413(29c) shall
be deposited to the credit of the Texas Education Agency and used to
support activities of the agency and to pay reasonable expenses of
the entity to which a function is delegated or contracted under this
section.
(d) An entity to which authority under Article
4413(29c) or Section 29.902, Education Code, is delegated is
considered a state agency for purposes of immunity.
(e) The commissioner may make rules to implement this
section. A reference in other law to the commissioner of education
or the Texas Education Agency with regard to duties or actions under
Article 4413(29c) or Section 29.902, Education Code, shall mean an
entity delegated or contracted a function by the commissioner to
the extent necessary to implement the delegation or contract.