79R1200 ESH-D

By:  Branch                                                       H.B. No. 60 



A BILL TO BE ENTITLED

AN ACT

relating to the first day of instruction of a school year for public 
school students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.0811, Education Code, is amended to 
read as follows:  
	Sec. 25.0811.  FIRST DAY OF INSTRUCTION.  (a)  A school 
district may not begin instruction for students for a school year 
before the week in which August 28 [21] falls.  For purposes of this 
subsection, Sunday is considered the first day of the week.
	(b)  If a school district intends to apply under Section 
7.056 for a waiver of the prohibition prescribed by Subsection (a), 
the district must:
		(1)  at least 60 days before the date the district 
submits the application for the waiver, publish notice in a 
newspaper having general circulation in the district:
			(A)  stating that the district intends to apply 
for a waiver of the prohibition concerning the date of the first day 
of instruction for students; [and]
			(B)  stating the district's reasons for 
requesting the waiver; and  
			(C)  specifying the date on which the district 
intends to begin instruction for students; and
		(2)  hold a public hearing concerning the date of the 
first day of instruction for students.
	(c)  The application for a waiver of the prohibition 
prescribed by Subsection (a) must include:
		(1)  a statement of the district's reasons for 
requesting the waiver; and
		(2)  a summary of the opinions expressed at the public 
hearing held under Subsection (b)(2), including any consensus of 
opinion expressed concerning the date of the first day of 
instruction for students.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  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, 2005.