Amend CSHB 3 (house committee report) as follows:                            
	(1)  On page 20, between lines 10 and 11, add the following 
appropriately numbered SECTION to the bill:
	SECTION ____.  Section 33.006, Education Code, is amended by 
adding Subsections (d) and (e) to read as follows:
	(d)  In accordance with rules adopted by the commissioner, 
the board of trustees of each school district shall adopt a policy 
that requires a school counselor to spend not more than 10 percent 
of the counselor's total work time on administering assessment 
instruments or providing other assistance in connection with 
assessment instruments.  Each school in the district shall 
implement the policy.  A copy of the policy shall be maintained in 
the office of each school in the district and made available on 
request during regular school hours to district employees, parents 
of district students, and the public.
	(2)  On page 56, between lines 1 and 2, insert the following:                  
	(f)  Before an investigation, the commissioner shall request 
that the district scheduled for the investigation assess the 
district's compliance with the policy adopted under Section 
33.006(d) and provide a written copy of the assessment to the 
investigators on or before the date specified by the commissioner.  
As part of each investigation, the investigators shall interview a 
percentage of district school counselors determined by the 
commissioner to assess the district's compliance with the policy 
adopted under Section 33.006(d).  The commissioner shall adopt 
rules to implement this subsection.
	(4)  On page 135, between lines 6 and 7, add the following 
appropriately numbered SECTION to the bill:
	SECTION ____.  (a)  Each school district shall implement a 
policy adopted under Section 33.006(d), Education Code, as added by 
this Act, beginning with the 2009-2010 school year.
	(b)  Section 33.006(e), Education Code, as added by this Act, 
applies only to a contract executed on or after the effective date 
of this Act.  A contract executed before the effective date of this 
Act is governed by the law in effect on the date the contract was 
executed, and the former law is continued in effect for that 
purpose.
	(c)  Section 39.056(f), Education Code, as added by this Act, 
applies beginning with the 2009-2010 school year.
	(5)  Renumber subsequent SECTIONS of the bill accordingly.