Amend CSHB 3646 by inserting the following new SECTION, 
appropriately numbered, and renumbering the subsequent SECTIONS of 
the bill accordingly:
	SECTION ____.  (a) Notwithstanding any other provision of 
this Act, Sections 12.1331 and 21.402(c-1), Education Code, as 
added by this Act, are expressly contingent on a determination by 
the commissioner of education that payment of wage and salary 
increases and associated benefits required by those sections are 
allowable uses of federal funds received by school districts and 
open-enrollment charter schools under the American Recovery and 
Reinvestment Act of 2009 (Pub. L. No. 111-5) and appropriated as 
part of the Foundation School Program.  The commissioner may not 
make a determination under this subsection until the state's 
application to spend funds under the American Recovery and 
Reinvestment Act of 2009 has been approved by the United States 
government.  The commissioner shall promptly notify school 
districts and open-enrollment charter schools of that 
determination. A determination by the commissioner under this 
subsection is final and may not be appealed.
	(b)  A school district or open-enrollment charter school may 
enter into an employment contract or agreement that is contingent 
on a determination of the commissioner of education under 
Subsection (a) of this section.
	(c)  The commissioner of education by rule may determine the 
applicable minimum salary schedule for use by school districts 
during the 2010-2011 state fiscal biennium following a 
determination under Subsection (a) of this section.  If the 
commissioner determines that federal funds received by school 
districts and open-enrollment charter schools under the American 
Recovery and Reinvestment Act of 2009 may not be used for purposes 
of Sections 12.1331 and 21.402(c-1), Education Code, as added by 
this Act, those amendments have no effect in determining the salary 
required to be paid to an employee of a school district or 
open-enrollment charter school.