BILL ANALYSIS
Senate Research Center C.S.H.B. 2808
79E18662 E By: Morrison (West, Royce)
Committee Report (Substituted)
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
C.S.H.B. 2808 eliminates conflicting sections of the Education Code that relate to the P-16 council (council), and codifies the council in Section 61.076, Education Code. Additionally, H.B. 2808 adds a member from the Department of Assistive and Rehabilitative Services to the council, and allows the co-chairs to appoint up to three additional members.
Three sections in the Education Code presently address the functions of the P-16 Council: Section 61.076 (Cooperation Between State Agencies of Education), Section 61.077 (Joint Advisory Committee), and Section 61.077 (P-16 Council). Duplicative section numbering and text, as well as reference to a disbanded committee (Joint Advisory Committee), creates confusion in interpretation and implementation of the statutes. C.S.H.B. 2808 repeals Section 61.077 (Joint Advisory Commission) and Section 61.077 (P-16 Council), moves appropriate language from those sections regarding the responsibilities of the counsel to Section 61.076, and renames Section 61.076 with the appropriate council name, P-16 Council.
As presently constituted, the P-16 Council has four members: the commissioner of education, the commissioner of higher education, the executive director of the Texas Workforce Commission, and the executive director of the State Board of Educator Certification. These members often are required to work together and to represent their respective agencies on matters outside the council and could be in violation of open meetings requirements if two or more of them meet in another venue. Therefore, expanding the membership of the P-16 Council will help avoid potential open meetings issues regarding a quorum. C.S.H.B. 2808, adds the commissioner of assistive and rehabilitative services as a member of the P-16 Council and names the commissioner of education and the commissioner of higher education as co-chairs of the council. The bill also authorizes the co-chairs to appoint up to three public members as appropriate and needed to further reduce the possibility of open meeting issues regarding a quorum.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 61.076, Education Code, as follows:
Sec. 61.076. New heading: P-16 COUNCIL. (a) Requires the P-16 Council (council), rather than the Texas Higher Education Coordinating Board (THECB) and the State Board of Education (SBOE), in conjunction with other agencies as may be appropriate, to ensure that long-range plans and educational programs for the state, rather than established by the boards, complement the functioning of the entire system of public education, extending from early childhood education through postgraduate study. Deletes existing text referring to the coordination of plans and programs.
(b) Sets forth the specific members and co-chairs of the council.
(c) Authorizes the co-chairs to appoint three additional members who are education professionals, business representatives, or other members of the community. Provides that members appointed to the council under this subsection serve two-year terms expiring February 1 of each odd-numbered year.
(d) Requires the council to meet at least once each calendar quarter and authorizes the council to hold other meetings as necessary at the call of the co-chairs. Requires each member of the council or the member's designee to make a report of the council's activities at least twice annually to the governing body of the member's agency, except that the commissioner of education or that commissioner's designee is required to report to SBOE and the commissioner of assistive and rehabilitative services or that commissioner's designee is required to report to the executive commissioner of the Health and Human Services Commission.
(e) Redesignates text from existing Subsection (b). Requires the council to coordinate plans and programs including curricula, instructional programs, research, and other functions as appropriate.
(f) Requires the council to examine and make recommendations regarding the alignment of secondary and postsecondary education curricula and testing and assessment. Provides that this subsection does not require the council to establish curriculum or testing or assessment standards.
(g) Requires the council to advise THECB and SBOE on the coordination of certain postsecondary career and technology activities, career and technology teacher education programs offered or proposed to be offered in the colleges and universities of this state, and other relevant matters.
(h) Sets forth certain requirements for the council to accomplish on or before January 1, 2007.
(i) Provides that Subsection (h) and this subsection expire January 2, 2007.
SECTION 2. (a) Repealer: Section 61.077 (Joint Advisory Committee, P-16 Council), Education Code, as amended by Chapters 61, 818, and 820, Acts of the 78th Legislature, Regular Session, 2003.
(b) Provides that to the extent of any conflict, this Act prevails over another Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 3. Sets forth certain requirements for the Legislative Budget Board to accomplish on or before September 1, 2006.
SECTION 4. Effective date: September 1, 2005.