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By: Cook of Colorado (Senate Sponsor - Shapleigh) H.B. No. 3041
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on
Education; May 26, 2003, reported favorably, as amended, by the
following vote: Yeas 8, Nays 0; May 26, 2003, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Averitt
Amend H.B. No. 3041 as follows:
(1) Add the following appropriately numbered sections and
renumber subsequent sections of the bill accordingly:
SECTION __. Subsection (b), Section 34.007, Education Code,
is amended to read as follows:
(b) In establishing and operating the transportation
system, the county or school district board:
(1) shall employ school bus drivers certified in
accordance with standards and qualifications adopted by the
Department of Public Safety; and
(2) may allow a parent to designate one of the
following locations [a child-care facility, as defined by Section
42.002, Human Resources Code,] instead of the child's residence as
the regular location for purposes of obtaining transportation under
the system to and from the child's school:
(A) a child-care facility, as defined by Section
42.002, Human Resources Code; or
(B) the residence of a grandparent of the child.
SECTION __. Subsection (k), Section 42.155, Education Code,
is amended to read as follows:
(k) Notwithstanding any other provision of this section,
the commissioner may not reduce the allotment to which a district or
county is entitled under this section because the district or
county provides transportation for an eligible student to and from
a child-care facility, as defined by Section 42.002, Human
Resources Code, or a grandparent's residence instead of the
student's residence, as authorized by Section 34.007, if the
transportation is provided within the approved routes of the
district or county for the school the student attends.
(2) In SECTION 4 of the bill (Committee printing, page 2,
line 13), between "SECTION 4." and "This Act", insert "(a)".
(3) In SECTION 4 of the bill (Committee printing, page 2,
immediately following line 17), insert the following:
(b) Sections 34.007(b) and 42.155(k), Education Code, as
amended by this Act, apply beginning with the 2003-2004 school
year.
A BILL TO BE ENTITLED
AN ACT
relating to school bus safety standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.002(a), Education Code, is amended to
read as follows:
(a) The Department of Public Safety, with the advice of the
[General Services Commission and the] Texas Education Agency, shall
establish safety standards for school buses used to transport
students in accordance with Section 34.003 [34.002, Education
Code].
SECTION 2. Sections 547.7015(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department [General Services Commission, with the
advice of the department,] shall adopt and enforce rules governing
the design, color, lighting and other equipment, construction, and
operation of a school bus for the transportation of schoolchildren
that is:
(1) owned and operated by a school district in this
state; or
(2) privately owned and operated under a contract with
a school district in this state.
(b) In adopting rules under this section, the department
[General Services Commission] shall emphasize:
(1) safety features; and
(2) long-range, maintenance-free factors.
SECTION 3. Rules that were adopted under Section 547.7015,
Transportation Code, before the effective date of this Act and that
are in effect on the effective date of this Act are continued in
effect as rules of the Department of Public Safety until the rules
are amended, repealed, or superseded by an action of the
department.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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