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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Partnership for Children in Nature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 450 to read as follows: |
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CHAPTER 450. TEXAS PARTNERSHIP FOR CHILDREN IN NATURE |
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SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS |
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Sec. 450.001. DEFINITION. In this chapter, "partnership" |
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means the Texas Partnership for Children in Nature. |
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Sec. 450.002. SUNSET PROVISION. The Texas Partnership for |
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Children in Nature is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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partnership is abolished and this chapter expires September 1, |
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2021. |
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Sec. 450.003. COMPOSITION OF PARTNERSHIP. The partnership |
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is composed of seven members as follows: |
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(1) three public members as follows, appointed by the |
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governor in consultation with the executive director of the Parks |
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and Wildlife Department and the commissioner of education: |
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(A) one public member who represents |
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parent-teacher organizations; and |
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(B) two public members each of whom represents a |
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nonprofit organization dedicated to education concerning or |
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protection of the environment; and |
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(2) four ex officio members as follows: |
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(A) the executive director of the Parks and |
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Wildlife Department; |
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(B) the commissioner of education; |
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(C) the commissioner of state health services; |
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and |
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(D) the commissioner of agriculture. |
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Sec. 450.004. PUBLIC MEMBERS: ELIGIBILITY; APPOINTMENT; |
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VACANCY. (a) A person appointed as a public member of the |
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partnership must be a resident of this state. |
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(b) Appointments of public members to the partnership shall |
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be made: |
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(1) without regard to the race, color, disability, |
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sex, religion, age, or national origin of an appointee; and |
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(2) so that various geographic areas of this state are |
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represented in the partnership. |
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(c) The governor, in consultation with the executive |
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director of the Parks and Wildlife Department and the commissioner |
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of education, shall fill any vacancy in an appointed position in the |
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partnership for the unexpired portion of the term. |
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Sec. 450.005. EX OFFICIO MEMBERS: ELIGIBILITY; DESIGNATION |
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OF REPRESENTATIVE. (a) An ex officio member of the partnership |
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vacates the person's position in the partnership if the person |
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ceases to hold the position that qualifies the person for service in |
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the partnership. |
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(b) An ex officio member may designate a representative to |
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serve in the partnership in the member's place. A representative |
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designated under this subsection must be an officer or employee of |
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the state agency that employs the ex officio member or of which the |
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ex officio member is an officer. |
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Sec. 450.006. REMOVAL OF PUBLIC MEMBER. (a) It is a ground |
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for removal of a public member from the partnership if the member: |
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(1) is ineligible for public membership under Section |
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450.004(a); |
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(2) cannot because of illness or disability discharge |
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the member's duties for a substantial part of the term for which the |
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member is appointed; or |
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(3) is absent from more than two consecutive |
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partnership meetings that the member is eligible to attend during a |
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calendar year unless the absence is excused by majority vote of the |
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members of the partnership. |
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(b) The validity of an action of the partnership is not |
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affected by the fact that the action is taken when a ground for |
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removal of a partnership member exists. |
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(c) If a member of the partnership has knowledge that a |
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potential ground for removal exists, the member shall notify the |
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presiding officer of the partnership of the potential ground. The |
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presiding officer shall then notify the governor and the attorney |
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general that a potential ground for removal exists. |
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Sec. 450.007. TERM OF PUBLIC MEMBER. (a) A public member |
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of the partnership serves a term of two years. |
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(b) A public member is eligible for reappointment to another |
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term or part of a term. |
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(c) A public member may not serve more than two consecutive |
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terms. For purposes of this prohibition, a member is considered to |
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have served a term only if the member has served more than half of |
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the term. |
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Sec. 450.008. OFFICERS; WORKING GROUPS. (a) The executive |
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director of the Parks and Wildlife Department or the executive |
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director's representative serves as the presiding officer of the |
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partnership. |
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(b) The presiding officer of the partnership may appoint one |
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or more working groups for any purpose consistent with the duties of |
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the partnership under this chapter. |
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Sec. 450.009. COMPENSATION; EXPENSES. (a) A public member |
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of the partnership is not entitled to compensation but is entitled |
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to reimbursement for the travel expenses incurred by the member |
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while transacting partnership business, as provided by the General |
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Appropriations Act. |
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(b) An ex officio member's service in the partnership is an |
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additional duty of the underlying position that qualifies the |
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member for service in the partnership. The entitlement of an ex |
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officio member to compensation or to reimbursement for travel |
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expenses incurred while transacting partnership business is |
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governed by the law that applies to the member's service in that |
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underlying position, and any payment to the member for either |
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purpose must be made from money that may be used for the purpose and |
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is available to the state agency that the member serves in that |
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underlying position. |
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Sec. 450.010. MEETINGS; VOTING; PUBLIC ACCESS. (a) The |
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partnership shall meet at the call of the presiding officer. |
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(b) An ex officio member of the partnership may vote on |
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partnership business. |
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(c) The partnership shall develop and implement policies |
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that provide the public with a reasonable opportunity to appear |
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before the partnership and speak on any issue under the |
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jurisdiction of the partnership. |
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Sec. 450.011. STAFF COORDINATION. The Parks and Wildlife |
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Department shall provide staff support to the partnership, in |
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coordination with the Texas Education Agency, the Department of |
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State Health Services, and the Texas Department of Agriculture. |
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[Sections 450.012-450.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES; FUNDING |
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Sec. 450.051. ADVISORY STATUS OF PARTNERSHIP. (a) In |
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implementing its powers and duties under this chapter, the |
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partnership functions only in an advisory capacity. Membership in |
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the partnership does not constitute a public office. |
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(b) Chapter 2110 does not apply to the partnership. |
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Sec. 450.052. GENERAL POWERS AND DUTIES OF PARTNERSHIP. |
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(a) The partnership shall promote the well-being of this state's |
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children by providing children with opportunities to spend more |
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time outdoors and to learn about the environment through |
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experiential activities outdoors and formal and informal education |
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concerning the environment. To accomplish those purposes, the |
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partnership shall: |
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(1) develop and assist in the implementation of a plan |
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to provide children with structured and unstructured opportunities |
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for outdoor recreation, scientific study, and learning that |
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includes: |
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(A) development and implementation of strategies |
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to provide increased support for programs under which school |
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grounds are converted into natural habitats for play and outdoor |
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classrooms; |
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(B) establishment of trail systems that connect |
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communities, parks, and schools to encourage walking, biking, and |
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increased time outdoors by children and their families; |
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(C) establishment of nature play areas in |
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communities to offer outdoor experiences close to children's homes; |
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(D) establishment, in partnership with the |
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Department of Family and Protective Services, the advisory council |
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on juvenile services, and appropriate community nonprofit |
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organizations, of a statewide civic justice corps to provide |
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students at risk of dropping out of school with opportunities to |
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serve on conservation crews in state parks and on other public land; |
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(E) establishment, in cooperation with school |
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districts, local parks departments, and appropriate nonprofit |
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organizations, of an outdoor classroom program on public land that |
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provides service learning opportunities and voluntary programming |
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aligned with the required curriculum under Section 28.002, |
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Education Code; |
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(F) provision to children and their families of |
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increased access to naturalists who present interpretive |
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activities at state parks and on other public land to enhance |
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discovery and enjoyment of this state's natural resources; and |
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(G) provision to children who are members of |
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minority groups of increased access to state parks and other public |
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land, through partnership with appropriate organizations; |
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(2) develop and assist in the implementation of a |
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state environmental literacy plan that includes: |
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(A) a review of current environmental education |
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in public schools, including student environmental literacy |
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levels; |
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(B) identification of curriculum necessary to |
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develop environmentally literate students; |
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(C) identification of model outdoor field and |
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service learning experiences that can be integrated into the |
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required curriculum under Section 28.002, Education Code; |
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(D) professional development opportunities for |
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professional educators and for students who are in educator |
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preparation programs and development programs for other |
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environmental educators; and |
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(E) methods to annually measure and report, at |
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the state and local levels, progress of public school students |
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toward becoming environmentally literate; |
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(3) devise a method to measure: |
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(A) baseline data concerning the amount of time |
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children spend outdoors; and |
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(B) any increased time children spend outdoors as |
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a result of the partnership's efforts; and |
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(4) identify opportunities for and barriers to |
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implementing environmental literacy programs in public schools and |
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on public land. |
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(b) Not later than December 1 of each even-numbered year, |
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the partnership shall submit a report to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the presiding officer of each legislative standing committee |
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with primary jurisdiction over primary and secondary education, |
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natural resources, land and resource management, or environmental |
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regulation regarding the partnership's recommendations concerning |
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the partnership's duties under Subsection (a). |
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(c) The partnership shall adopt rules as necessary for its |
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own procedures. |
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Sec. 450.053. FUNDING. The partnership may accept gifts |
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and grants from a public or private source for the partnership to |
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use in performing the partnership's powers and duties under this |
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chapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, appointments of public members shall be made to the |
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Texas Partnership for Children in Nature as provided by Chapter |
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450, Government Code, as added by this Act. Notwithstanding |
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Section 450.007, Government Code, as added by this Act, the terms of |
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initial public members appointed to the Texas Partnership for |
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Children in Nature expire February 1, 2011. |
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SECTION 3. This Act takes effect September 1, 2009. |