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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of income-producing contracts or programs |
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entered into or operated by school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 44, Education Code, is |
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amended by adding Section 44.013 to read as follows: |
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Sec. 44.013. REPORT OF INCOME-PRODUCING CONTRACTS AND |
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PROGRAMS. (a) In this section, "income-producing contract or |
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program" means: |
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(1) a contract under which a school district is |
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entitled to or expects to receive income, including rentals, |
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royalties, or a percentage of sales revenue; or |
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(2) a program operated by a school district or another |
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entity under which the district is entitled to or expects to receive |
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income. |
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(b) As provided by this section, a school district shall: |
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(1) publish a report of income-producing contracts and |
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programs in a newspaper of general circulation in: |
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(A) a county in which the district is located; or |
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(B) the county seat of a county adjacent to a |
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county in which the district is located, if a newspaper of general |
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circulation is not published in a county in which the district is |
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located; or |
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(2) post a report of income-producing contracts and |
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programs on the district's Internet website. |
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(c) Except as provided by Subsection (d): |
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(1) for each income-producing contract a school |
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district enters into or under which the district receives income |
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during the reporting period covered by the publication or posting, |
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the district's report must include: |
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(A) the full name and address of each party to the |
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contract other than the district; |
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(B) a description of the type of contract |
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involved; |
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(C) the date the contract was entered into; |
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(D) the duration of the contract; |
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(E) a statement of the total amount of income the |
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district expects to receive under the contract over the term of the |
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contract; and |
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(F) a statement of the amount of income the |
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district received under the contract during the reporting period; |
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and |
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(2) for each income-producing program under which the |
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district receives income during the reporting period covered by the |
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publication or posting, the district's report must include: |
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(A) the name of the program; |
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(B) a description of the program; |
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(C) if the program is operated by an entity other |
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than the district, the name of each entity from which the district |
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received income under the program during the reporting period; and |
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(D) a statement of the amount of income the |
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district received under the program during the reporting period. |
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(d) A school district is not required to report under this |
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section: |
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(1) a contract or program from which the district |
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expects to receive income of $5,000 or less over: |
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(A) the term of the contract, in the case of a |
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contract; or |
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(B) the reporting period, in the case of a |
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program; |
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(2) a contract between the district and another school |
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district or other governmental entity; or |
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(3) a fund-raising contract with a nonprofit |
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organization or student group. |
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(e) A school district shall publish or shall post on the |
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district's Internet website a report of income-producing contracts |
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and programs two times each year. For a district whose fiscal year |
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begins July 1, the first report shall be published or posted not |
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later than August 15 and cover the period from the preceding January |
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1 through June 30, and the second report shall be published or |
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posted not later than February 15 and cover the period from the |
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preceding July 1 through December 31. For a district whose fiscal |
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year begins September 1, the first report shall be published or |
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posted not later than October 15 and cover the period from the |
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preceding March 1 through August 31, and the second report shall be |
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published or posted not later than April 15 and cover the period |
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from the preceding September 1 through the last day of February. |
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(f) Beginning on the second anniversary of the last date a |
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school district receives income under an income-producing contract |
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or program, if the district does not expect to receive additional |
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income under the contract or program, the district may remove |
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information relating to the contract or program from the district's |
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Internet website. |
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SECTION 2. A school district's first report of |
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income-producing contracts and programs under Section 44.013, |
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Education Code, as added by this Act, must be published or must be |
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posted on the district's Internet website not later than October |
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15, 2009, or February 15, 2010, depending on the date the district's |
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fiscal year begins. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |