S.B. No. 929
AN ACT
relating to regional education service centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 8, Education Code, is
amended by adding Sections 8.008, 8.009, and 8.010 to read as
follows:
Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO
POLITICAL ACTIVITIES. A regional education service center and each
center employee is subject to Chapter 556, Government Code, and for
purposes of that chapter:
(1) the center is considered to be a state agency; and
(2) each center employee is considered to be a state
employee.
Sec. 8.009. APPLICABILITY OF CERTAIN LAWS RELATING TO
CONFLICT OF INTEREST. (a) A member of the board of directors and
the executive director of a regional education service center are
each considered to be a local public official for purposes of
Chapter 171, Local Government Code. For purposes of that chapter a
member of the board of directors and the executive director of a
regional education service center are each considered to have a
substantial interest in a business entity if a person related to the
member or the executive director in the third degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, has a substantial interest in the business entity
under Section 171.002, Local Government Code.
(b) A regional education service center is considered to be
a political subdivision for purposes of Section 131.903, Local
Government Code.
(c) To the extent consistent with this section, if a law
described by this section applies to a school district or the board
of trustees of a school district, the law applies to a regional
education service center and the board of directors and executive
director of a regional education service center.
Sec. 8.010. SUNSET PROVISION. (a) Notwithstanding any
other law, regional education service centers are subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the regional education
service centers are abolished and this chapter expires September 1,
2005. Review of regional education service centers under this
section shall be conducted in conjunction with review of the agency
under Section 7.004.
(b) To assist the Sunset Advisory Commission in its review,
the comptroller shall conduct a review of the regional education
service centers and report the results of the review to the
commission not later than June 1, 2004. The comptroller shall
consult with the commission regarding the scope of the review. The
comptroller shall also transmit the report to the presiding
officers of the standing committees in the senate and house of
representatives responsible for public education.
SECTION 2. Subchapter B, Chapter 8, Education Code, is
amended by adding Section 8.056 to read as follows:
Sec. 8.056. LIMITATION ON COMPENSATION FOR CERTAIN
SERVICES. A regional education service center that acts as a fiscal
agent or broker in connection with an agreement between two school
districts under Subchapter E, Chapter 41, may not, unless
authorized in writing by the district receiving transferred funds
in accordance with the agreement:
(1) be compensated by the districts in an amount that
exceeds the administrative cost of providing the service; or
(2) otherwise retain for use by the center any amount
other than the compensation permitted under Subdivision (1) from
the funds transferred between the districts in accordance with the
agreement.
SECTION 3. (a) The comptroller of public accounts shall
contract with a consultant for a comprehensive audit of regional
education service centers in this state. The audit must include:
(1) a detailed analysis of all services provided by
regional education service centers that identifies, for each
service provided:
(A) the percentage of school districts receiving
the service;
(B) the costs to the regional education service
centers of providing the service;
(C) the charges imposed on school districts by
the regional education service centers for providing the service;
and
(D) the difference between the amount determined
under Paragraph (B) of this subdivision and the amount determined
under Paragraph (C) of this subdivision;
(2) an evaluation of whether any services provided by
a regional education service center could be provided at a lower
cost by an alternative service provider, as determined based on a
survey of potential alternative service providers;
(3) an analysis of the governance structures of
regional education service centers;
(4) a review of the financial condition of regional
education service centers and their current funding sources to
determine the adequacy of state appropriations to regional
education service centers and whether those appropriations should
continue to be made;
(5) a review of the number and geographic distribution
of regional education service centers;
(6) a review of the institutional structure of
regional education service centers, with consideration of whether a
separate system of Texas Education Agency field offices would be
appropriate or whether any regional education service center
functions should be transferred to Texas Education Agency
facilities; and
(7) an analysis of the support functions of regional
education service centers to determine whether support
requirements could be decreased through business processes or
application redesigns.
(b) Costs of the audit required by Subsection (a) of this
section shall be paid using amounts appropriated for the fiscal
biennium ending August 31, 2005, to regional education service
centers or to the Texas Education Agency for the costs of services
provided by regional education service centers, not to exceed a
total amount of $750,000.
(c) Not later than June 1, 2004, the comptroller of public
accounts shall submit a report to the legislature concerning the
results of the audit required by Subsection (a) of this section.
SECTION 4. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 929 passed the Senate on
May 7, 2003, by a viva-voce vote; May 30, 2003, Senate refused to
concur in House amendments and requested appointment of Conference
Committee; May 31, 2003, House granted request of the Senate;
June 1, 2003, Senate adopted Conference Committee Report by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 929 passed the House, with
amendments, on May 28, 2003, by a non-record vote; May 31, 2003,
House granted request of the Senate for appointment of Conference
Committee; June 1, 2003, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor