By:  Hochberg                                                     H.B. No. 553



A BILL TO BE ENTITLED

AN ACT

relating to exemptions from the requirement for a school district 
to operate a prekindergarten program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 29.153(d) of the Education Code is 
amended by adding subsection (f) to read as follows:
	(f)  Not withstanding Subsection (d), the commissioner shall 
not exempt a school district from the application of this section if 
a private entity in the district:
		(1)  is willing and able to contract with the district 
to operate a prekindergarten program that complies with the 
requirements in this code and agency rule regarding prekindergarten 
programs operated by a school district;
		(2)  meets any additional standards the school district 
has in place for the operation of its own prekindergarten program; 
and
		(3)  notifies the school district and the commissioner 
in writing no later than June 1 of the entity's ability and 
commitment to operate a prekindergarten program in the next school 
year.
	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.