Suspending limitations on conference committee
jurisdiction, H.B. No. 2 (Grusendorf/Shapiro)
By: Grusendorf H.R. No. 446
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 79th Legislature, 1st Called Session, 2005, That House Rule
13, Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 2 (public education and
public school finance matters; imposing criminal penalties) to
consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new Subsection (e-1) to proposed
Section 11.203, Education Code, to read as follows:
(e-1) For the state fiscal biennium beginning September 1,
2005, the amount set aside under Subsection (e) may not exceed $3.6
million. This subsection expires August 31, 2007.
Explanation: The change is necessary to limit the amount
that may be spent to pay the costs of administering the school
leadership pilot program for principals for the state fiscal
biennium beginning September 1, 2005.
(2) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 2A.13, to read as follows:
SECTION 2A.13. Effective September 1, 2006, Subchapter I,
Chapter 21, Education Code, is amended by adding Section 21.4031 to
read as follows:
Sec. 21.4031. SALARY SUPPLEMENT FOR CERTAIN
RETIREMENT-ELIGIBLE CLASSROOM TEACHERS. (a) The amounts specified
by this section are in addition to amounts to which a classroom
teacher is entitled under Section 21.402.
(b) A classroom teacher, other than an employed retiree, is
entitled to an annual salary supplement equal to:
(1) $1,000 for a year in which the sum of the teacher's
age and years of service credit in the Teacher Retirement System of
Texas equals at least 80 but less than 85;
(2) $2,000 for a year in which the sum of the teacher's
age and years of service credit in the Teacher Retirement System of
Texas equals at least 85 but less than 90;
(3) $3,000 for a year in which the sum of the teacher's
age and years of service credit in the Teacher Retirement System of
Texas equals at least 90 but less than 95; and
(4) $4,000 for a year in which the sum of the teacher's
age and years of service credit in the Teacher Retirement System of
Texas equals at least 95.
(c) If a person is entitled to a salary supplement under a
provision of Subsection (b) for only part of a year, the amount of
the salary supplement shall be prorated accordingly.
(d) The Teacher Retirement System of Texas, at the request
of the agency, may release information to the agency about a member
of the retirement system or a retiree that the executive director of
the retirement system finds is necessary to determine a person's
eligibility for a salary supplement under this section. The
information remains confidential after the information is released
to the agency as authorized by this section. The agency may
disclose whether an employee is entitled to a supplement and the
amount of the supplement to which the employee is entitled but may
not release other information provided by the retirement system.
(e) A school district is entitled to state funds in an
amount equal to the sum of the salary supplements to which classroom
teachers employed by the district are entitled under this section.
Funding a school district receives under this section is in
addition to any funding the district receives under Chapter 42. The
commissioner shall distribute funds under this section with the
Foundation School Program payment to which the district is entitled
as soon as practicable after the end of the school year as
determined by the commissioner. A district to which Chapter 41
applies is entitled to funding under this section. The
commissioner shall determine the timing of the distribution of
funds to a district that does not receive Foundation School Program
payments.
Explanation: The change is necessary to entitle a classroom
teacher who is eligible for retirement, other than an employed
retiree, to a salary supplement.
(3) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit "by negotiated rulemaking as provided by
Chapter 2008, Government Code" added in proposed Section 21.458(c),
Education Code.
Explanation: The change is necessary to permit the
commissioner to adopt rules relating to teacher mentor
qualifications in the manner provided by Chapter 2001, Government
Code.
(4) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 2B.095, to read as follows:
SECTION 2B.095. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.061 to read as follows:
Sec. 7.061. SUBPOENA. (a) The commissioner may issue a
subpoena to compel the attendance and testimony of a witness or the
production of materials relevant to an audit or investigation under
this title.
(b) A subpoena may be issued throughout the state and may be
served by any person designated by the commissioner.
(c) If a person fails to comply with a subpoena issued under
this section, the commissioner, acting through the attorney
general, may file suit to enforce the subpoena in a district court
in Travis County or in the county in which the audit or
investigation is conducted. The court shall order compliance with
the subpoena if the court finds that good cause exists to issue the
subpoena.
Explanation: The change is necessary to permit the
commissioner to issue a subpoena to compel the attendance and
testimony of a witness or the production of materials relevant to an
audit or investigation under Title 2, Education Code.
(5) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 2B.16, to read as follows:
SECTION 2B.16. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0022 to read as follows:
Sec. 28.0022. CURRICULUM REVIEW; ALIGNMENT WITH
INSTRUCTIONAL MATERIALS AND ASSESSMENT PROGRAM. (a) The State
Board of Education shall adopt a five-year cycle for reviewing the
essential knowledge and skills of each subject of the required
curriculum under Section 28.002.
(b) The State Board of Education may not modify the
curriculum in a manner intended to benefit:
(1) a specific publisher of instructional materials,
as those terms are defined by Section 31.002; or
(2) another vendor of educational products or
technology.
(c) It is the intent of the legislature that the State Board
of Education continue to align instructional materials approved
under Chapter 31 with the required curriculum. The agency shall
develop the state assessment program under Subchapter B, Chapter
39, in alignment with the required curriculum.
Explanation: The change is necessary to require the State
Board of Education to adopt a five-year cycle for reviewing the
essential knowledge and skills of each subject of the
state-required curriculum and to align approved instructional
materials with the state-required curriculum.
(6) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change the text of proposed Section 44.011(b),
Education Code, to read as follows:
(b) For purposes of this section, whether an expenditure is
an expenditure for direct instructional activities shall be
determined in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education.
Explanation: The change is necessary to provide the method
by which an expenditure is determined to be an expenditure for
direct instructional activities.
(7) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 2C.12, to read as follows:
SECTION 2C.12. Section 44.0071, Education Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Each fiscal year, a school district shall compute and
report to the commissioner:
(1) the percentage of the district's total available
revenue [expenditures] for the preceding fiscal year that was
[were] used to fund direct instructional activities; [and]
(2) the percentage of the district's total available
revenue for the preceding fiscal year that was used to fund direct
instructional activities related to courses that are subject to
assessment under Subchapter B, Chapter 39; and
(3) the percentage of the district's full-time
equivalent employees during the preceding fiscal year whose job
function was to directly provide classroom instruction to students,
determined by dividing the number of hours spent by employees in
providing direct classroom instruction by the total number of hours
worked by all district employees.
(a-1) The commissioner by rule shall determine the manner in
which a district's total available revenue for purposes of this
section is computed.
Explanation: The change is necessary to require each school
district to report the percentage of total available revenue,
rather than the district's total expenditures, used to fund direct
instructional activities and report the percentage of total
available revenue used to fund direct instructional activities
related to courses assessed under the state assessment program.
(8) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit the text of proposed Section 44.0073,
Education Code, as follows:
Sec. 44.0073. INSTRUCTIONAL COSTS. (a) For purposes of
this section:
(1) "Direct instructional costs" includes a school
district's expenses related to instruction, instructional
resources and media services, curriculum development,
instructional staff development, instructional leadership, school
leadership, and evaluation and counseling services.
(2) "Indirect instructional costs" includes:
(A) a school district's expenses related to
social work services, health services, student transportation,
food services, facility maintenance and operations, security and
monitoring services, and data processing services; and
(B) payments to another district under the public
education grant program under Subchapter G, Chapter 29, payments to
another district that is a member of a shared services arrangement,
payments to a fiscal agent, and payments under Section 37.012 to a
juvenile justice alternative education program.
(b) For purposes of school district financial
accountability, the agency shall identify each district's direct
and indirect instructional costs for the preceding fiscal year and
make that information available to the public on the agency's
Internet website.
Explanation: The change is necessary to remove the provision
of the bill that requires the Texas Education Agency to make
information relating to direct and indirect instructional costs, as
defined by that provision, available to the public and permit the
continuation of current law.
(9) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 2E.391, to read as follows:
SECTION 2E.391. Subchapter A, Chapter 32, Education Code,
is amended by adding Section 32.008 to read as follows:
Sec. 32.008. TECHNOLOGY GRANTS. (a) From amounts
appropriated for the purpose, the commissioner shall make grants as
provided by this section to school districts on behalf of eligible
campuses and to eligible open-enrollment charter schools. A grant
under this section must be in the amount of $300 for each student
enrolled at an eligible campus or eligible open-enrollment charter
school.
(b) To be eligible for a grant under this section, a public
school must:
(1) be identified by the agency as meeting the goals of
the long-range plan for technology under Section 32.001; and
(2) certify to the commissioner that the school will
commit to using, for a purpose specified by Subsection (c), other
funds available to the school in an amount equal to $50 for each
student enrolled at the school.
(c) A grant under this section may be used only to:
(1) provide for the purchase by public schools of:
(A) wireless electronic mobile computing devices
or other technology devices that convey instruction;
(B) productivity software and hardware,
including writing, computation, presentation, printing, and
communication tools;
(C) electronic learning software aligned with
the essential knowledge and skills adopted by the State Board of
Education under Section 28.002;
(D) library and other research tools;
(E) electronic assessment tools;
(F) electronic learning tools to improve
communications among students, teachers, school administrators,
parents, and the community; and
(G) classroom and school management systems;
(2) provide professional development for teachers to
integrate the tools and solutions described by Subdivision (1); and
(3) acquire other infrastructure, components, and
technologies necessary to support and enhance student performance.
(d) To receive a grant under this section, a school district
or open-enrollment charter school must apply in the time and manner
specified by commissioner rule. A grant under this section is for a
period of two school years and may be renewed as provided by
commissioner rule. The commissioner shall ensure that public
schools that are awarded grants under this section reflect the
demographic and geographic diversity of this state.
Explanation: The change is necessary to provide for
technology grants for school districts on behalf of eligible
campuses and to eligible open-enrollment charter schools.
(10) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 3.24, to read as follows:
SECTION 3.24. Section 44.004, Education Code, is amended by
amending Subsections (b), (e), and (i) and adding Subsections (b-1)
and (b-2) to read as follows:
(b) Except as provided by Subsection (b-2), the [The]
president shall provide for the publication of notice of the budget
and proposed tax rate meeting in a daily, weekly, or biweekly
newspaper published in the district. If no daily, weekly, or
biweekly newspaper is published in the district, the president
shall provide for the publication of notice in at least one
newspaper of general circulation in the county in which the
district's central administrative office is located. Notice under
this subsection shall be published not earlier than the 30th day or
later than the 10th day before the date of the hearing.
(b-1) The notice of the public meeting to discuss and adopt
the budget and the proposed tax rate may not be smaller than
one-quarter page of a standard-size or a tabloid-size newspaper,
and the headline on the notice must be in 18-point or larger type.
(b-2) Instead of publishing notice in the manner prescribed
by Subsection (b), a school district may publish the required
notice on its Internet website not earlier than the 30th day or
later than the 10th day before the date of the hearing. A school
district that publishes notice under this subsection must have a
link on its Internet website that is clearly identified as the link
to the public notice for the budget and proposed tax rate meeting.
(e) A person who owns taxable property in a school district
is entitled to an injunction restraining the collection of taxes by
the district if the district has not complied with the requirements
of Subsections (b), (b-1), and (b-2)[, (c),] and [(d), and], if
applicable, Subsection (i), and the failure to comply was not in
good faith. An action to enjoin the collection of taxes must be
filed before the date the school district delivers substantially
all of its tax bills.
(i) A school district that uses a certified estimate, as
authorized by Subsection (h), may adopt a budget at the public
meeting designated in the notice prepared using the estimate, but
the district may not adopt a tax rate before the district receives
the certified appraisal roll for the district required by Section
26.01(a), Tax Code. After receipt of the certified appraisal roll,
the district must publish a revised notice and hold another public
meeting before the district may adopt a tax rate that exceeds:
(1) the rate proposed in the notice prepared using the
estimate; or
(2) the district's rollback rate determined under
Section 26.08, Tax Code, if applicable, using the certified
appraisal roll.
Explanation: This change is necessary to prescribe the
requirements of the published notice of a school district's budget
meeting and proposed tax rate.
(11) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to incorporate a new section in the bill, numbered as
SECTION 7.125, to read as follows:
SECTION 7.125. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0461 to read as follows:
Sec. 21.0461. TEMPORARY CERTIFICATE FOR SUPERINTENDENT OR
PRINCIPAL. (a) The commissioner may issue a temporary certificate
under this section for:
(1) assistant principal;
(2) principal; or
(3) superintendent.
(b) A candidate for certification under this section must:
(1) hold a baccalaureate or advanced degree from an
institution of higher education;
(2) have significant management and leadership
experience, as determined by the board of trustees of the school
district that will employ the person under the temporary
certificate; and
(3) perform satisfactorily on the appropriate
examination prescribed under Section 21.048.
(c) A school district may require that a person who is
employed by the district and who holds a certificate issued under
this section complete a training program.
(d) A certificate issued to a person under this section is
valid only in the school district in which the person is initially
employed after receiving the certificate.
(e) A certificate issued under this section:
(1) expires on the third anniversary of the date on
which the certificate was issued; and
(2) is not renewable.
(f) The commissioner shall issue a standard certificate to a
person who holds a temporary certificate issued under this section
if the school district employing the person under the temporary
certificate:
(1) has employed the person for at least three years in
the capacity for which the person seeks a standard certificate; and
(2) has recommended the person to the commissioner and
favorably reviewed, primarily using objective measures of student
performance and improvement in the district, the person's
performance.
(g) A school district employing a person who holds a
temporary certificate issued under this section must provide the
person with intensive support during the person's first year of
employment with the district, including:
(1) mentoring; and
(2) intensive, high-quality professional development.
Explanation: The change is necessary to permit the
commissioner of education to issue a limited temporary certificate
for assistant principal, principal, or superintendent.
Suspending limitations on conference committee jurisdiction, H.B.
No. 2.