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Floor Packet Page No. 196                                                   



	

Amend HB 2 by adding the following appropriately numbered 

SECTIONS to Part C, Article 2, of the bill and renumbering the 

subsequent SECTIONS of Part C accordingly:

	SECTION 2C.__.  Subchapter E, Chapter 11, Education Code, is 

amended by adding Section 11.2011 to read as follows:

	Sec. 11.2011.  FILING OF FINANCIAL STATEMENT BY 

SUPERINTENDENT.  (a)  The commissioner shall adopt rules requiring 

a superintendent to file a verified financial statement with:

		(1)  the board of trustees of the district; and                        

		(2)  the agency.                                                       

	(b)  A financial statement filed under Subsection (a) must 

include the information prescribed by Section 572.023(b)(1), 

Government Code.  The commissioner shall create a form for a 

superintendent to use in filing the financial statement.

	(c)  Section 527.026, Government Code, applies to the 

timeliness of filing a financial statement under this section as if 

the superintendent were a state officer, except that a 

superintendent must file any request for an extension authorized 

under that section with the commissioner.  The commissioner shall 

make available to any interested person and shall place on the 

agency's Internet website each financial statement filed with the 

agency under this section.

	(d)  A superintendent commits an offense if the 

superintendent fails to file the statement required by this 

section. An offense under this section is a Class B misdemeanor.

	SECTION 2C.__.  Subchapter B, Chapter 44, Education Code, is 

amended by adding Section 44.047 to read as follows:

	Sec. 44.047.  CERTAIN SCHOOL DISTRICT SERVICE CONTRACTS 

INVOLVING SUPERINTENDENTS PROHIBITED.  (a)  In this section, 

"business entity" has the meaning assigned by Section 171.001, 

Local Government Code.

	(b)  For purposes of this section, a superintendent or a 

retired superintendent has a substantial interest in a business 

entity if the superintendent would have a substantial interest in 

that business entity under Section 171.002(a), Local Government 

Code.

	(c)  The commissioner shall adopt rules prohibiting the 

board of trustees of a school district from entering into, with the 

superintendent, with a person who has retired from service as the 

superintendent of the district during the three-year period 

preceding the date on which the contract is entered into, or with a 

business entity in which the superintendent or retired 

superintendent has a substantial interest, a contract under which 

the district agrees to pay for services provided to the district.

	(d)  The rules adopted by the commissioner under Subsection 

(c) must allow a person who has retired from service as the 

superintendent of a school district to provide consulting services 

to the district until the six-month anniversary of the date of the 

person's retirement.

	SECTION 2C.__.  Section 11.2011, Education Code, as added by 

this Act, applies beginning January 1, 2007. A superintendent 

subject to Section 11.2011, Education Code, as added by this Act, is 

not required to include financial activity occurring before January 

1, 2006, in a verified financial statement required under Section 

11.2011, Education Code, as added by this Act.

	SECTION 2C.__.  Section 44.047, Education Code, as added by 

this Act, applies only to a contract executed on or after the 

effective date of this Act. A contract executed before the 

effective date of this Act is governed by the law as it existed on 

the date the contract was executed, and the former law is continued 

in effect for that purpose.