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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1748

80R7274 KKA-D                                                                                          By: Morrison (Shapiro)

                                                                                                                                            Education

                                                                                                                                              5/7/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Governor’s School Program, created by the 79th Legislature, Regular Session, 2005, focuses on developing college readiness for our public school students through summer programs.  The original statute provided for the Texas Education Agency (TEA) to have oversight over the program.  However, through a memorandum of understanding, the Texas Higher Education Coordinating Board (THECB) has taken de facto oversight over the program.  Because of this, a statutory change giving THECB de jure oversight over the program would be beneficial to its operation.

 

H.B. 1748 transfers the various aspects of oversight of the Governor’s School Program from TEA to THECB.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the commissioner of education is transferred to the Texas Higher Education Coordinating Board in SECTION 1 (Section 61.07621, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Transfers Section 29.124, Education Code, to Subchapter C, Chapter 61, Education Code, redesignates that section as Section 61.07621, Education Code, and amends that section as follows:

 

Sec. 61.07621.  TEXAS GOVERNOR'S SCHOOLS.  (a)  Redesignated from existing Subsection (b).  Deletes existing Subsection (a), which defined “public senior college or university.”

 

(b)  Authorizes a public senior college or university to apply to the Texas Higher Education Coordinating Board (THECB), rather than the commissioner of education (commissioner), to administer a Texas governor's school program under this section.  Makes conforming changes.

 

(c) and (d)  Makes conforming changes.

 

(e)  Redesignated from existing Subsection (f).  Authorizes THECB, rather than the commissioner, to adopt rules to implement this section.

 

SECTION 2.  (a)  Provides that, on this Act’s effective date, all functions, activities, rules, forms, money, property, contracts, memoranda of understanding, records, and obligations of the commissioner or the Texas Education Agency (TEA) relating to Texas governor's schools under Section 29.124, Education Code, become those of THECB under Section 61.07621, Education Code, as added by this Act, without a change in status, and that all money appropriated to TEA under Section 29.124, Education Code, including money for providing administrative support, is considered appropriated to THECB under Section 61.07621, Education Code, as added by this Act.

 

(b)  Provides that a rule adopted by the commissioner under Section 29.124, Education Code, is also a rule of THECB under Section 61.07621, Education Code, as added by this Act, and remains in effect as such until repealed or superseded by a rule adopted by THECB.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.