By: Hochberg, et al. (Senate Sponsor - Janek) H.B. No. 189
         (In the Senate - Received from the House March 26, 2007;
  April 3, 2007, read first time and referred to Committee on
  Education; April 24, 2007, reported favorably by the following
  vote:  Yeas 7, Nays 0; April 24, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the receipt of financial benefits by school district
  superintendents for services performed for business entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.201, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The superintendent of a school district may not receive
  any financial benefit for personal services performed by the
  superintendent for any business entity that conducts or solicits
  business with the district.  Any financial benefit received by the
  superintendent for performing personal services for any other
  entity, including a school district, open-enrollment charter
  school, regional education service center, or public or private
  institution of higher education, must be approved by the board of
  trustees on a case-by-case basis in an open meeting.  For purposes
  of this subsection, the receipt of reimbursement for a reasonable
  expense is not considered a financial benefit.
         SECTION 2.  Section 11.201(e), Education Code, as added by
  this Act, applies only to a contract between a superintendent of a
  school district and a business entity that is entered into on or
  after the effective date of this Act. A contract between a
  superintendent of a school district and a business entity that is
  entered into before the effective date of this Act is governed by
  the law in effect on the date the contract is entered into, and the
  former law is continued in effect for that purpose.
         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, 2007.
 
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