81R3946 CAS-D

By: Menendez H.B. No. 1235

A BILL TO BE ENTITLED

AN ACT

relating to establishing the Legislative Education Board and transferring to the Legislative Education Board the statutorily assigned functions and activities of the State Board of Education and certain functions of the Legislative Budget Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 7, Education Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. LEGISLATIVE EDUCATION BOARD

Sec. 7.151. COMPOSITION. (a) The Legislative Education Board is composed of 12 members as follows:

(1) the lieutenant governor;

(2) the speaker of the house of representatives;

(3) five members of the senate, appointed by the lieutenant governor; and

(4) five members of the house, appointed by the speaker.

(b) The lieutenant governor and the speaker are joint chairs of the board.

Sec. 7.152. LEGISLATIVE EDUCATION BOARD POWERS AND DUTIES. (a) The Legislative Education Board may perform only those duties relating to school districts, open-enrollment charter schools, or regional education service centers assigned to the board by this subchapter or another provision of this code.

(b) The Legislative Education Board shall carry out the board's powers and duties with the advice and assistance of the commissioner.

(c) The Legislative Education Board may adopt rules relating to school districts, open-enrollment charter schools, or regional education service centers only as required to carry out the specific duties assigned to the board by this subchapter or another provision of this code.

(d) Except as otherwise provided by this subsection, a rule adopted by the Legislative Education Board under this section does not take effect until the beginning of the school year that begins at least 90 days after the date the rule was adopted. The rule takes effect earlier if the rule's preamble specifies an earlier effective date and the reason for that earlier date and:

(1) the earlier effective date is a requirement of:

(A) a federal law; or

(B) a state law that specifically refers to this section and expressly requires the adoption of an earlier effective date; or

(2) on the affirmative vote of two-thirds of the members of the board, the board makes a finding that an earlier effective date is necessary.

Sec. 7.153. MEETINGS. (a) The Legislative Education Board shall hold four meetings a year in Austin, Texas, on dates determined by the chairs and may hold other meetings as may be called by the chairs.

(b) At the Legislative Education Board's first regular meeting after the appointment and qualification of new members, the board shall organize, adopt rules of procedure, and elect by separate votes a vice chair and a secretary.

Sec. 7.154. PUBLIC TESTIMONY. The Legislative Education Board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

SECTION 2. Sections 7.003 and 7.005, Education Code, are amended to read as follows:

Sec. 7.003. LIMITATION ON AUTHORITY. An educational function not specifically delegated to the agency or the Legislative Education Board [board] under this code or to the State Board of Education by the constitution of this state is reserved to and shall be performed by school districts or open-enrollment charter schools.

Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF EDUCATION. The Legislative Education [State] Board [of Education] and the Texas Higher Education Coordinating Board, in conjunction with other appropriate agencies, shall ensure that long-range plans and educational programs established by each board provide a comprehensive education for the students of this state under the jurisdiction of that board, extending from early childhood education through postgraduate study. In assuring that programs are coordinated, the boards shall use the P-16 Council established under Section 61.076.

SECTION 3. Sections 7.009(a) and (b), Education Code, are amended to read as follows:

(a) In coordination with the Legislative Education [Budget] Board, the agency shall establish an online clearinghouse of information relating to best practices of campuses and school districts regarding instruction, dropout prevention, public school finance, resource allocation, and business practices. To the extent practicable, the agency shall ensure that information provided through the online clearinghouse is specific, actionable information relating to the best practices of high-performing and highly efficient campuses and school districts rather than general guidelines relating to campus and school district operation. The information must be accessible by campuses, school districts, and interested members of the public.

(b) The agency shall solicit and collect from the Legislative Education [Budget] Board, centers for education research established under Section 1.005, and exemplary or recognized school districts, campuses, and open-enrollment charter schools, as rated under Section 39.072, examples of best practices relating to instruction, dropout prevention, public school finance, resource allocation, and business practices, including best practices relating to curriculum, scope and sequence, compensation and incentive systems, bilingual education and special language programs, compensatory education programs, and the effective use of instructional technology, including online courses.

SECTION 4. Section 7.021(c), Education Code, is amended to read as follows:

(c) The agency may enter into an agreement with a federal agency concerning a project related to education, including the provision of school lunches and the construction of school buildings. Not later than the 30th day before the date the agency enters into an agreement under this subsection concerning a new project or reauthorizing a project, the agency must provide written notice, including a description of the project, to:

(1) the governor;

(2) the Legislative Education [Budget] Board; and

(3) the presiding officers of the standing committees of the senate and of the house of representatives with primary jurisdiction over the agency.

SECTION 5. Sections 7.055(b)(2), (3), (9), (24), and (36), Education Code, are amended to read as follows:

(2) The commissioner shall serve as executive officer of the agency and as executive secretary of the Legislative Education Board and the State Board of Education [board].

(3) The commissioner shall carry out [the] duties that are imposed on the commissioner by the Legislative Education Board [board] or by law or that are necessary to assist the State Board of Education in implementing the board's duties under the constitution of this state [the legislature].

(9) The commissioner shall have a manual published at least once every two years that contains Title 1 and this title, any other provisions of this code relating specifically to public primary or secondary education, and an appendix of all other state laws relating to public primary or secondary education and shall provide for the distribution of the manual as determined by the Legislative Education Board [board].

(24) The commissioner, with the approval of the Legislative Education Board [board], shall develop and implement a plan for the coordination of services to children with disabilities as required under Section 30.001.

(36) The commissioner shall establish advisory guidelines relating to the fiscal management of a school district and report annually to the Legislative Education Board [board] on the status of school district fiscal management as required under Section 44.001.

SECTION 6. Section 7.055(c), Education Code, is amended to read as follows:

(c) The budget the commissioner adopts under Subsection (b) for operating the Foundation School Program must be in accordance with legislative appropriations and provide funds for the administration and operation of the agency and any other necessary expense. The budget must designate any expense of operating the agency, [or] operating a program for which the Legislative Education Board [board] has responsibility, or carrying out a function or activity for which the State Board of Education has responsibility under the constitution of this state if the expense [that] is paid from the Foundation School Program. The budget must designate [program] expenses that may be paid out of the foundation school fund, other state funds, fees, federal funds, or funds earned under interagency contract. Before adopting the budget, the commissioner must submit the budget to the Legislative Education Board [board] for review and, after receiving any comments of the Legislative Education Board [board], present the operating budget to the governor and the Legislative Budget Board. The commissioner shall provide appropriate information on proposed budget expenditures to the comptroller to assure that all payments are paid from the appropriate funds in a timely and efficient manner.

SECTION 7. Sections 7.056(a) and (g), Education Code, are amended to read as follows:

(a) Except as provided by Subsection (e), a school campus or district may apply to the commissioner for a waiver of a requirement, restriction, or prohibition imposed by this code or rule of the Legislative Education Board [board] or commissioner.

(g) In a manner consistent with waiver authority granted to the commissioner by the United States Department of Education, the commissioner may grant a waiver of a state law or rule required by federal law, including Subchapter A, B, or C, Chapter 29. Before exercising any waiver authority under this subsection, the commissioner shall notify the Legislative Education [Budget] Board and the office of budget and planning in the governor's office.

SECTION 8. Subchapter D, Chapter 7, Education Code, is amended by adding Section 7.1011 to read as follows:

Sec. 7.1011. DEFINITION. In this subchapter, "board" means the State Board of Education.

SECTION 9. Sections 7.102(a) and (d), Education Code, are amended to read as follows:

(a) The board may perform, as provided by this code, only those duties [relating to school districts or regional education service centers] assigned to the board by the constitution of this state [or by this subchapter or another provision of this code].

(d) The board may adopt rules [relating to school districts or regional education service centers] only as required to carry out the specific duties assigned to the board by the constitution [or under Subsection (c)].

SECTION 10. Sections 7.108(a) and (c), Education Code, are amended to read as follows:

(a) A person interested in selling bonds of any type [or a person engaged in manufacturing, shipping, selling, or advertising textbooks or otherwise connected with the textbook business] commits an offense if the person makes or authorizes a political contribution to or takes part in, directly or indirectly, the campaign of any person seeking election to or serving on the board.

(c) In this section, "political[:

[(1) "Political] contribution" has the meaning assigned by Section 251.001, Election Code.

[(2) "Textbook" has the meaning assigned by Section 31.002.]

SECTION 11. Section 7.109, Education Code, is transferred to Subchapter E, Chapter 7, Education Code, as added by this Act, is renumbered as Section 7.155, Education Code, and is amended to read as follows:

Sec. 7.155 [7.109]. DESIGNATION AS STATE BOARD FOR CAREER AND TECHNOLOGY EDUCATION. (a) The Legislative Education Board [board] is also the State Board for Career and Technology Education.

(b) The commissioner is the executive officer through whom the State Board for Career and Technology Education shall carry out its policies and enforce its rules.

(c) The State Board for Career and Technology Education may contract with the Texas Higher Education Coordinating Board or any other state agency to assume the leadership role and administrative responsibility of the State Board for Career and Technology Education for state level administration of technical-vocational education programs in public community colleges, public technical institutes, and other eligible public postsecondary institutions in this state.

(d) The State Board for Career and Technology Education may allocate funds appropriated to the board by the legislature or federal funds received by the board under the Carl D. Perkins Career and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section 2301 et seq.) or other federal law to an institution or program approved by the Legislative Education [State] Board [of Education], the Texas Higher Education Coordinating Board, or another state agency specified by law.

SECTION 12. Section 7.111, Education Code, is transferred to Subchapter E, Chapter 7, Education Code, as added by this Act, is renumbered as Section 7.156, Education Code, and is amended to read as follows:

Sec. 7.156 [7.111]. HIGH SCHOOL EQUIVALENCY EXAMINATIONS. (a) The Legislative Education Board [board] shall provide for the administration of high school equivalency examinations, including administration by the adjutant general's department for students described by Subdivision (2)(C). A person who does not have a high school diploma may take the examination in accordance with rules adopted by the board if the person is:

(1) over 17 years of age;

(2) 16 years of age or older and:

(A) is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.)[, and its subsequent amendment];

(B) a public agency providing supervision of the person or having custody of the person under a court order recommends that the person take the examination; or

(C) is enrolled in the adjutant general's department's Seaborne ChalleNGe Corps; or

(3) required to take the examination under a justice or municipal court order issued under Article 45.054(a)(1)(C), Code of Criminal Procedure.

(b) The Legislative Education Board [board] by rule shall establish and require payment of a fee as a condition to the issuance of a high school equivalency certificate and a copy of the scores of the examinations. The fee must be reasonable and designed to cover the administrative costs of issuing the certificate and a copy of the scores. The board may not require a waiting period between the date a person withdraws from school and the date the person takes the examination unless the period relates to the time between administrations of the examination.

SECTION 13. Section 7.112, Education Code, is amended by adding Subsection (d) to read as follows:

(d) This section expires January 31, 2012.

SECTION 14. Section 7.113, Education Code, is transferred to Subchapter E, Chapter 7, Education Code, as added by this Act, is renumbered as Section 7.157, Education Code, and is amended to read as follows:

Sec. 7.157 [7.113]. EMPLOYERS FOR EDUCATION EXCELLENCE AWARD. (a) The Legislative Education Board [board] shall create the Employers for Education Excellence Award to honor employers that implement a policy to encourage and support employees who actively participate in activities of schools.

(b) An employer that meets the criteria described by this section may apply for consideration to receive the award.

(c) The Legislative Education Board [board] shall establish the following levels of recognition for employers:

(1) bronze for an employer that implements a policy to encourage and support employees who attend parent-teacher conferences;

(2) silver for an employer that:

(A) meets the requirements of bronze; and

(B) implements a policy to encourage and support employees who volunteer in school activities; and

(3) gold for an employer that:

(A) meets the requirements of silver; and

(B) implements a policy to encourage and support employees who participate in student mentoring programs in schools.

(d) The Legislative Education Board [board] shall establish criteria to certify businesses to receive the Employers for Education Excellence Award at the appropriate level of recognition. The commissioner shall review the applications submitted by employers under Subsection (b) and make recommendations to the board regarding businesses that should be recognized and the level at which a business should be recognized. The board may approve or modify the commissioner's recommendation.

(e) The Legislative Education Board [board] shall honor the recipient of an Employers for Education Excellence Award by presenting the recipient with a suitable certificate that includes the business's level of recognition and other appropriate information.

SECTION 15. Section 11.351, Education Code, is amended to read as follows:

Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL DISTRICT. (a) On the recommendation of the commissioner and after consulting with the school districts involved and obtaining the approval of a majority of those districts in each affected county in which a proposed school district is located, the Legislative Education [State] Board [of Education] may establish a special-purpose school district for the education of students in special situations whose educational needs are not adequately met by regular school districts. The board may impose duties or limitations on the school district as necessary for the special purpose of the district. The board shall exercise the powers as provided by this section relating to the districts established under this section.

(b) The Legislative Education [State] Board [of Education] shall grant to the districts the right to share in the available school fund apportionment and other privileges as are granted to independent and common school districts.

SECTION 16. Section 12.112, Education Code, is amended to read as follows:

Sec. 12.112. FORM. A charter for an open-enrollment charter school shall be in the form of a written contract signed by the chairs [chair] of the Legislative Education [State] Board [of Education] and the chief operating officer of the school.

SECTION 17. Section 29.087(d), Education Code, is amended to read as follows:

(d) A student is eligible to participate in a program authorized by this section if:

(1) the student has been ordered by a court under Article 45.054, Code of Criminal Procedure, [as added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001,] or by the Texas Youth Commission to:

(A) participate in a preparatory class for the high school equivalency examination; or

(B) take the high school equivalency examination administered under Section 7.156 [7.111]; or

(2) the following conditions are satisfied:

(A) the student is at least 16 years of age at the beginning of the school year or semester;

(B) the student is a student at risk of dropping out of school, as defined by Section 29.081;

(C) the student and the student's parent or guardian agree in writing to the student's participation;

(D) at least two school years have elapsed since the student first enrolled in ninth grade and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school; and

(E) any other conditions specified by the commissioner.

SECTION 18. Section 31.003, Education Code, is amended to read as follows:

Sec. 31.003. RULES. The Legislative Education [State] Board [of Education] may adopt rules, consistent with this chapter, for the adoption, requisition, distribution, care, use, and disposal of textbooks.

SECTION 19. Section 31.021(b), Education Code, is amended to read as follows:

(b) The State Board of Education shall annually set aside out of the available school fund of the state an amount sufficient for the Legislative Education Board [board], school districts, and open-enrollment charter schools to purchase and distribute the necessary textbooks for the use of the students of this state for the following school year. The State Board of Education [board] shall determine the amount of the available school fund to set aside for the state textbook fund based on:

(1) a report by the commissioner issued on July 1 or, if that date is a Saturday or Sunday, on the following Monday, stating the amount of unobligated money in the fund;

(2) the commissioner's estimate, based on textbooks selected under Section 31.101 and on attendance reports submitted under Section 31.103 by school districts and open-enrollment charter schools, of the amount of funds, in addition to funds reported under Subdivision (1), that will be necessary for purchase and distribution of textbooks for the following school year; and

(3) any amount the State Board of Education [board] determines should be set aside for emergency purposes caused by unexpected increases in attendance.

SECTION 20. Section 31.022, Education Code, is amended to read as follows:

Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The Legislative Education [State] Board [of Education] shall adopt a review and adoption cycle for textbooks for elementary grade levels, including prekindergarten, and secondary grade levels, for each subject in the required curriculum under Section 28.002.

(b) The Legislative Education Board [board] shall organize the cycle for subjects in the foundation curriculum so that not more than one-sixth of the textbooks for subjects in the foundation curriculum are reviewed each year. The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the foundation curriculum at least every six years. The adoption of textbooks for a subject in the foundation curriculum may be extended beyond the six-year period only if the content of textbooks for a subject is sufficiently current.

(c) The Legislative Education Board [board] shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the enrichment curriculum on a cycle the board considers appropriate.

(d) At least 24 months before the beginning of the school year for which textbooks for a particular subject and grade level will be purchased under the review and adoption cycle adopted by the Legislative Education Board [board], the board shall publish notice of the review and adoption cycle for those textbooks.

(e) The Legislative Education Board [board] shall designate a request for production of textbooks in a subject area and grade level by the school year in which the textbooks are intended to be made available in classrooms and not by the school year in which the board makes the request for production.

SECTION 21. Section 31.0221(a), Education Code, is amended to read as follows:

(a) The Legislative Education [State] Board [of Education] shall adopt rules for the midcycle review and adoption of a textbook for a subject for which textbooks are not currently under review by the board under Section 31.022. The rules must require:

(1) the publisher of the textbook to pay a fee to the board to cover the cost of the midcycle review and adoption of the textbook;

(2) the publisher of the textbook to enter into a contract with the board concerning the textbook for a term that ends at the same time as any contract entered into by the board for another textbook for the same subject and grade level; and

(3) a commitment from the publisher to provide the textbook to school districts in the manner specified by the publisher, which may include:

(A) providing the textbook to any district in a regional education service center area identified by the publisher; or

(B) providing a certain maximum number of textbooks specified by the publisher.

SECTION 22. Section 31.0222, Education Code, is amended to read as follows:

Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the review and adoption cycle of textbooks under Section 31.022, the Legislative Education [State] Board [of Education] shall:

(1) consult with the Legislative Budget Board and the governor's office of budget, planning, and policy before approving and publishing any notice or amendment of a cycle;

(2) review and consider:

(A) historic average funding levels for textbooks purchased in previous bienniums;

(B) expected average costs of future textbook purchases;

(C) anticipated student enrollment in future years;

(D) scheduled revisions to curriculum; and

(E) the impact on the state budget of the adoption of textbooks in all or some grade levels in a subject area; and

(3) limit the cycle to subject areas for which textbooks can be purchased with the funding anticipated to be available in the state textbook fund for the school year in which the textbooks are to be adopted.

SECTION 23. Section 31.023(a), Education Code, is amended to read as follows:

(a) For each subject and grade level, the Legislative Education [State] Board [of Education] shall adopt two lists of textbooks. The conforming list includes each textbook submitted for the subject and grade level that meets applicable physical specifications adopted by the board [State Board of Education] and contains material covering each element of the essential knowledge and skills of the subject and grade level in the student version of the textbook, as well as in the teacher version of the textbook, as determined by the board [State Board of Education] under Section 28.002 and adopted under Section 31.024. The nonconforming list includes each textbook submitted for the subject and grade level that:

(1) meets applicable physical specifications adopted by the board [State Board of Education];

(2) contains material covering at least half, but not all, of the elements of the essential knowledge and skills of the subject and grade level in the student version of the textbook, as well as in the teacher version of the textbook; and

(3) is adopted under Section 31.024.

SECTION 24. Section 31.024, Education Code, is amended to read as follows:

Sec. 31.024. ADOPTION BY LEGISLATIVE EDUCATION [STATE] BOARD [OF EDUCATION]. (a) By majority vote, the Legislative Education [State] Board [of Education] shall:

(1) place each submitted textbook on a conforming or nonconforming list; or

(2) reject a textbook submitted for placement on a conforming or nonconforming list.

(b) Not later than December 1 of the year preceding the school year for which the textbooks for a particular subject and grade level will be purchased under the cycle adopted by the Legislative Education Board [board] under Section 31.022, the board shall provide the lists of adopted textbooks to each school district. Each nonconforming list must include the reasons an adopted textbook is not eligible for the conforming list.

SECTION 25. Section 31.025(a), Education Code, is amended to read as follows:

(a) The Legislative Education [State] Board [of Education] shall set a limit on the cost that may be paid from the state textbook fund for a textbook placed on the conforming or nonconforming list for a particular subject and grade level. The board may not reject a textbook for placement on the conforming or nonconforming list because the textbook's price exceeds the limit established under this subsection.

SECTION 26. Sections 31.026(a) and (b), Education Code, are amended to read as follows:

(a) The Legislative Education [State] Board [of Education] shall execute a contract:

(1) for the purchase of each adopted textbook other than an electronic textbook; and

(2) for the purchase or licensing of each adopted electronic textbook.

(b) A contract must require the publisher to provide the number of textbooks required by school districts in this state for the term of the contract, which must coincide with the Legislative Education Board's [board's] adoption cycle.

SECTION 27. Sections 31.028(a), (b), and (c), Education Code, are amended to read as follows:

(a) The Legislative Education [State] Board [of Education] may purchase special textbooks for the education of blind and visually impaired students in public schools. In addition, for a teacher who is blind or visually impaired, the board shall provide a teacher's edition in Braille or large type, as requested by the teacher, for each textbook the teacher uses in the instruction of students. The teacher edition must be available at the same time the student textbooks become available.

(b) The publisher of an adopted textbook shall provide the agency with computerized textbook files for the production of Braille textbooks or other versions of textbooks to be used by students with disabilities, on request of the Legislative Education [State] Board [of Education]. A publisher shall arrange computerized textbook files in one of several optional formats specified by the board [State Board of Education].

(c) The Legislative Education Board [board] may also enter into agreements providing for the acceptance, requisition, and distribution of special textbooks and instructional aids pursuant to 20 U.S.C. Section 101 et seq. for use by students enrolled in:

(1) public schools; or

(2) private nonprofit schools, if state funds, other than for administrative costs, are not involved.

SECTION 28. Section 31.029, Education Code, is amended to read as follows:

Sec. 31.029. BILINGUAL TEXTBOOKS. The Legislative Education Board [board] shall purchase or otherwise acquire textbooks for use in bilingual education classes.

SECTION 29. Section 31.030, Education Code, is amended to read as follows:

Sec. 31.030. USED TEXTBOOKS. The Legislative Education [State] Board [of Education] shall adopt rules to ensure that used textbooks sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors. The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used textbooks who knowingly violates this section.

SECTION 30. Sections 31.035(a), (b), and (f), Education Code, are amended to read as follows:

(a) Notwithstanding any other provision of this subchapter, the Legislative Education [State] Board [of Education] may adopt supplemental textbooks that are not on the conforming or nonconforming list under Section 31.023. The board [State Board of Education] may adopt a supplemental textbook under this section only if the textbook:

(1) contains material covering one or more primary focal points or primary topics of a subject in the required curriculum under Section 28.002, as determined by the board [State Board of Education];

(2) is not designed to serve as the sole textbook for a full course;

(3) meets applicable physical specifications adopted by the board [State Board of Education]; and

(4) is free from factual errors.

(b) The Legislative Education [State] Board [of Education] shall identify the essential knowledge and skills identified under Section 28.002 that are covered by a supplemental textbook adopted by the board under this section.

(f) A school district or open-enrollment charter school that requisitions supplemental textbooks under Subsection (d)(2) shall certify to the agency that the supplemental textbooks, in combination with any other textbooks or supplemental textbooks used by the district or school, cover the essential knowledge and skills identified under Section 28.002 by the Legislative Education [State] Board [of Education] for the subject and grade level for which the district or school is requisitioning the supplemental textbooks.

SECTION 31. Sections 31.101(a) and (d), Education Code, are amended to read as follows:

(a) Each year, during a period established by the Legislative Education [State] Board [of Education], the board of trustees of each school district and the governing body of each open-enrollment charter school shall:

(1) for a subject in the foundation curriculum, notify the Legislative Education [State] Board [of Education] of the textbooks selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list; or

(2) for a subject in the enrichment curriculum:

(A) notify the board [State Board of Education] of each textbook selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list; or

(B) notify the board [State Board of Education] that the board of trustees or governing body has selected a textbook that is not on the conforming or nonconforming list.

(d) For a textbook that is not on the conforming or nonconforming list, a school district or open-enrollment charter school must use the textbook for the period of the review and adoption cycle the Legislative Education [State] Board [of Education] has established for the subject and grade level for which the textbook is used.

SECTION 32. Section 31.103(b), Education Code, is amended to read as follows:

(b) A requisition for textbooks for the following school year shall be based on the maximum attendance reports under Subsection (a), plus an additional 10 percent, except as otherwise provided. A school district or open-enrollment charter school shall make a requisition for a textbook on the conforming or nonconforming list through the commissioner to the state depository designated by the publisher or as provided by Legislative Education [State] Board [of Education] rule, as applicable, not later than June 1 of each year. The designated state depository or, if the publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6) [31.151(a)(6)(B)], the publisher or manufacturer shall fill a requisition approved by the agency at any other time in the case of an emergency. As made necessary by available funds, the commissioner shall reduce the additional percentage of attendance for which a district or school may requisition textbooks. The commissioner may, on application of a district or school that is experiencing high enrollment growth, increase the additional percentage of attendance for which the district or school may requisition textbooks.

SECTION 33. Section 31.1031, Education Code, is amended to read as follows:

Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a school district or open-enrollment charter school does not have a sufficient number of copies of a textbook used by the district or school for use during the following school year, and a sufficient number of additional copies will not be available from the depository or the publisher within the time specified by Section 31.151(a)(8), the district or school is entitled to:

(1) be reimbursed from the state textbook fund, at a rate and in the manner provided by Legislative Education [State] Board [of Education] rule, for the purchase of a sufficient number of used adopted textbooks; or

(2) return currently used textbooks to the commissioner in exchange for sufficient copies, if available, of other textbooks on the conforming or nonconforming list to be used during the following school year.

SECTION 34. Sections 31.151(a), (b), and (c), Education Code, are amended to read as follows:

(a) A publisher or manufacturer of textbooks:

(1) shall furnish any textbook the publisher or manufacturer offers in this state, at a price that does not exceed the lowest price at which the publisher offers that textbook for adoption or sale to any state, public school, or school district in the United States;

(2) shall automatically reduce the price of a textbook sold for use in a school district or open-enrollment charter school to the extent that the price is reduced elsewhere in the United States;

(3) shall provide any textbook or ancillary item free of charge in this state to the same extent that the publisher or manufacturer provides the textbook or ancillary item free of charge to any state, public school, or school district in the United States;

(4) shall guarantee that each copy of a textbook sold in this state is at least equal in quality to copies of that textbook sold elsewhere in the United States and is free from factual error;

(5) may not become associated or connected with, directly or indirectly, any combination in restraint of trade in textbooks or enter into any understanding or combination to control prices or restrict competition in the sale of textbooks for use in this state;

(6) shall:

(A) maintain a depository in this state or arrange with a depository in this state to receive and fill orders for textbooks, other than on-line textbooks or on-line textbook components, consistent with Legislative Education [State] Board [of Education] rules; or

(B) deliver textbooks to a school district or open-enrollment charter school without a delivery charge to the school district, open-enrollment charter school, or state, if:

(i) the publisher or manufacturer does not maintain or arrange with a depository in this state under Paragraph (A) and the publisher's or manufacturer's textbooks and related products are warehoused or otherwise stored less than 300 miles from a border of this state; or

(ii) the textbooks are on-line textbooks or on-line textbook components;

(7) shall, at the time an order for textbooks is acknowledged, provide to school districts or open-enrollment charter schools an accurate shipping date for textbooks that are back-ordered;

(8) shall guarantee delivery of textbooks at least 10 business days before the opening day of school of the year for which the textbooks are ordered if the textbooks are ordered by a date specified in the sales contract; and

(9) shall submit to the Legislative Education [State] Board [of Education] an affidavit certifying any textbook the publisher or manufacturer offers in this state to be free of factual errors at the time the publisher executes the contract required by Section 31.026.

(b) The Legislative Education [State] Board [of Education] may impose a reasonable administrative penalty against a publisher or manufacturer who knowingly violates Subsection (a). The board shall provide for a hearing to be held to determine whether a penalty is to be imposed and, if so, the amount of the penalty. The board shall base the amount of the penalty on:

(1) the seriousness of the violation;

(2) any history of a previous violation;

(3) the amount necessary to deter a future violation;

(4) any effort to correct the violation; and

(5) any other matter justice requires.

(c) A hearing under Subsection (b) shall be held according to rules adopted by the Legislative Education [State] Board [of Education].

SECTION 35. Section 31.201, Education Code, is amended to read as follows:

Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The commissioner, with the approval of the Legislative Education [State] Board [of Education,] may provide for the disposition of:

(1) textbooks, other than electronic textbooks, that are no longer in acceptable condition to be used for instructional purposes; or

(2) discontinued textbooks, other than electronic textbooks.

(b) The commissioner, as provided by rules adopted by the Legislative Education [State] Board [of Education], shall make available on request copies of discontinued textbooks, other than electronic textbooks, for use in libraries maintained in municipal and county jails and facilities of the institutional division of the Texas Department of Criminal Justice and other state agencies.

(c) The Legislative Education [State] Board [of Education] shall adopt rules under which a school district or open-enrollment charter school may donate discontinued textbooks, other than electronic textbooks, to a student, to an adult education program, or to a nonprofit organization.

SECTION 36. Sections 33.084(a) and (e), Education Code, are amended to read as follows:

(a) The interscholastic league advisory council is composed of:

(1) a member of the house of representatives who serves on the Legislative Education Board, appointed by the speaker of the house;

(2) a member of the senate who serves on the Legislative Education Board, appointed by the lieutenant governor;

(3) [two members of the State Board of Education appointed by the chair of the board;

[(2)] a member of the house of representatives who does not serve on the Legislative Education Board, appointed by the speaker of the house;

(4) [(3)] a member of the senate who does not serve on the Legislative Education Board, appointed by the lieutenant governor;

(5) [(4)] two members of the legislative council of the University Interscholastic League appointed by the chairman of the council;

(6) [(5)] two public school board members appointed by the commissioner; and

(7) [(6)] three members of the public appointed by the commissioner.

(e) The advisory council shall review the rules of the University Interscholastic League and shall make recommendations relating to the rules to the governor, the legislature, the legislative council of the University Interscholastic League, and the Legislative Education [State] Board [of Education].

SECTION 37. Section 105.302(b), Education Code, is amended to read as follows:

(b) Each of the following shall appoint one member to serve on the advisory board:

(1) the commissioner of education [chairman of the State Board of Education];

(2) the commissioner of higher education;

(3) the president of the Texas Association of School Administrators;

(4) the president of the Texas Association for the Gifted and Talented;

(5) the governor;

(6) the lieutenant governor; and

(7) the speaker of the Texas House of Representatives.

SECTION 38. Article 45.054(a), Code of Criminal Procedure, is amended to read as follows:

(a) On a finding by a county, justice, or municipal court that an individual has committed an offense under Section 25.094, Education Code, the court has jurisdiction to enter an order that includes one or more of the following provisions requiring that:

(1) the individual:

(A) attend school without unexcused absences;

(B) attend a preparatory class for the high school equivalency examination administered under Section 7.156 [7.111], Education Code, if the court determines that the individual is too old to do well in a formal classroom environment; or

(C) if the individual is at least 16 years of age, take the high school equivalency examination administered under Section 7.156 [7.111], Education Code;

(2) the individual attend a special program that the court determines to be in the best interest of the individual, including:

(A) an alcohol and drug abuse program;

(B) a rehabilitation program;

(C) a counseling program, including self-improvement counseling;

(D) a program that provides training in self-esteem and leadership;

(E) a work and job skills training program;

(F) a program that provides training in parenting, including parental responsibility;

(G) a program that provides training in manners;

(H) a program that provides training in violence avoidance;

(I) a program that provides sensitivity training; and

(J) a program that provides training in advocacy and mentoring;

(3) the individual and the individual's parent attend a class for students at risk of dropping out of school designed for both the individual and the individual's parent;

(4) the individual complete reasonable community service requirements; or

(5) for the total number of hours ordered by the court, the individual participate in a tutorial program covering the academic subjects in which the student is enrolled provided by the school the individual attends.

SECTION 39. Section 301.041(a), Government Code, is amended to read as follows:

(a) A duly appointed senator's or representative's membership on the Legislative Budget Board, Legislative Library Board, Legislative Audit Committee, Legislative Education Board, or Texas Legislative Council, or any other interim committee, terminates if the member:

(1) resigns the membership;

(2) ceases membership in the legislature for any reason; or

(3) fails to be nominated or elected to the legislature for the next term.

SECTION 40. Section 322.013(a), Government Code, is amended to read as follows:

(a) The standing committees of the senate and house of representatives with primary jurisdiction over the public school system, in consultation with the Legislative Education Board, shall oversee and review the implementation of legislative education policy by state agencies that have the statutory duty to implement that policy, including policy relating to:

(1) fiscal matters;

(2) academic expectations; and

(3) evaluation of program cost-effectiveness.

SECTION 41. Sections 322.015 and 322.016, Government Code, are transferred to Subchapter E, Chapter 7, Education Code, as added by this Act, are renumbered as Sections 7.158 and 7.159, Education Code, and are amended to read as follows:

Sec. 7.158 [322.015]. REVIEW OF INTERSCHOLASTIC COMPETITION. The Legislative Education Board [board] may periodically review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of an organization that is a component or part of a state agency or institution and that sanctions or conducts interscholastic competition. The board shall report the findings to the governor and the full legislature. The legislature may consider the board's reports in connection with the legislative appropriations process.

Sec. 7.159 [322.016]. PERFORMANCE REVIEW OF SCHOOL DISTRICTS. (a) The Legislative Education Board [board] may periodically review the effectiveness and efficiency of the operations of school districts, including a [the] district's expenditures for its officers' and employees' travel services. A review of a [school] district may be initiated by the board at its discretion or on the request of the [school] district. A review may be initiated by a [school] district only by resolution adopted by a majority of the members of the board of trustees of the district.

(b) If a review is initiated on the request of the school district, the district shall pay 25 percent of the cost incurred in conducting the review.

(c) The Legislative Education Board [board] shall:

(1) prepare a report showing the results of each review conducted under this section;

(2) file the report with the school district, the governor, the lieutenant governor, the speaker of the house of representatives, the chairs of the standing committees of the senate and the house of representatives with jurisdiction over public education, and the commissioner [of education]; and

(3) make the entire report and a summary of the report available to the public on the Internet.

(d) Until the Legislative Education Board [board] has completed a review under this section, all information, documentary or otherwise, prepared or maintained in conducting the review or preparing the review report, including intra-agency and interagency communications and drafts of the review report or portions of those drafts, is excepted from required public disclosure as audit working papers under Section 552.116, Government Code. This subsection does not affect whether information described by this subsection is confidential or excepted from required public disclosure under a law other than Section 552.116, Government Code.

SECTION 42. Section 545.360, Transportation Code, is amended to read as follows:

Sec. 545.360. DUTY OF TEXAS TRANSPORTATION COMMISSION AND LEGISLATIVE EDUCATION [STATE] BOARD [OF EDUCATION] TO PROVIDE INFORMATION AND ASSISTANCE. The chairman of the Texas Transportation Commission and the chairs [chairman] of the Legislative Education [State] Board [of Education] shall provide assistance and information relevant to consideration of speed limits to commissioners courts, municipal governing bodies, and other interested persons.

SECTION 43. (a) Effective May 1, 2010, the following sections of the Education Code are repealed:

(1) Section 7.001; and

(2) Sections 7.102(b), (c), (e), and (f).

(b) Effective May 1, 2010, Section 322.013(b), Government Code, is repealed.

SECTION 44. (a) Effective May 1, 2010:

(1) all functions and activities performed by the State Board of Education immediately before that date, other than functions and activities assigned to the State Board of Education by the constitution of this state, are transferred to the Legislative Education Board;

(2) a rule, form, policy, procedure, or decision of the State Board of Education, other than a rule, form, policy, procedure, or decision relating to a function or activity assigned to the State Board of Education by the constitution of this state, continues in effect as a rule, form, policy, procedure, or decision of the Legislative Education Board and remains in effect until amended or replaced by the Legislative Education Board;

(3) a rule of the State Board for Educator Certification approved by the State Board of Education remains in effect until amended or replaced as provided by law;

(4) a reference in law or an administrative rule to the State Board of Education or to the State Board for Career and Technology Education means the Legislative Education Board, other than a reference:

(A) to the State Board of Education relating to a function or activity assigned to the State Board of Education by the constitution of this state; or

(B) under Section 86.22 or 133.006(b), Education Code, or another law similarly referring to a past action taken by the State Board of Education;

(5) all money, contracts, leases, rights, property, records, and bonds and other obligations of the State Board of Education are transferred to the Legislative Education Board, except that money or a contract, lease, right, property, record, or bond or other obligation relating to a function or activity assigned to the State Board of Education by the constitution of this state is not transferred;

(6) a court case, administrative proceeding, contract negotiation, or other proceeding involving the State Board of Education, other than a proceeding relating to a function or activity assigned to the State Board of Education by the constitution of this state, is transferred without change in status to the Legislative Education Board, and the Legislative Education Board assumes, without a change in status, the position of the State Board of Education in a negotiation or proceeding relating to an activity transferred by this Act to the Legislative Education Board to which the State Board of Education is a party;

(7) an employee of the State Board of Education, other than an employee whose duties relate solely or primarily to a function or activity assigned to the State Board of Education by the constitution of this state, becomes an employee of the Legislative Education Board; and

(8) any unexpended and unobligated balance of money appropriated by the legislature for the State Board of Education, other than money appropriated to enable the State Board of Education to carry out a function or activity assigned by the constitution of this state, is transferred to the Legislative Education Board.

(b) In the period beginning on January 1, 2010, and ending on April 30, 2010:

(1) the State Board of Education shall continue to perform functions and activities under the Education Code or other law as if the law had not been amended or repealed, as applicable, and the former law is continued in effect for that purpose; and

(2) a person who is authorized or required by law to take an action relating to the State Board of Education or a member of the State Board of Education shall continue to take that action under the law as if the law had not been amended or repealed, as applicable, and the former law is continued in effect for that purpose.

SECTION 45. Before May 1, 2010, the State Board of Education may agree with the Legislative Education Board to transfer any property of the State Board of Education to the Legislative Education Board to implement the transfer required by Section 44 of this Act.

SECTION 46. Section 12.112, Education Code, as amended by this Act, applies only to the required signatories of a charter for an open-enrollment charter school in the case of a charter entered into on or after May 1, 2010. The required signatories of a charter for an open-enrollment charter school in the case of a charter entered into before May 1, 2010, are governed by the law in effect on the date the charter is entered into, and the former law is continued in effect for that purpose.

SECTION 47. This Act does not affect the reference to the state board of education under Section 143.112(a)(1)(A), Local Government Code, or a similar reference to the extent that the reference is to the state board of education of another state.

SECTION 48. This Act takes effect January 1, 2010.