82R196 EAH-D

By: Alonzo H.B. No. 881

A BILL TO BE ENTITLED

AN ACT

relating to abolishing the State Board of Education and transferring the functions of the board to the Texas Education Agency and the commissioner of education.

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

SECTION 1. Sections 7.055(b)(9) and (24), Education Code, are amended to read as follows:

(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 board].

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

SECTION 2. Section 7.112, Education Code, is amended by adding Subsection (d) to read as follows:

(d) This section expires January 31, 2014.

SECTION 3. Sections 7.113(a), (c), (d), and (e), Education Code, are amended to read as follows:

(a) The agency [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.

(c) The agency [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 commissioner [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), select [and make recommendations to the board regarding] businesses that should be recognized, and determine the level at which each [a] business should be recognized. [The board may approve or modify the commissioner's recommendation.]

(e) The agency [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 4. Section 12.012(a), Education Code, is amended to read as follows:

(a) A home-rule school district is subject to federal and state laws and rules governing school districts, except that a home-rule school district is subject to:

(1) this code only to the extent that the applicability to a home-rule school district of a provision of this code is specifically provided;

(2) a rule adopted under this code by the [State Board of Education or the] commissioner only if the code provision authorizing the rule specifically applies to a home-rule school district; and

(3) all requirements of federal law and applicable court orders relating to eligibility for and the provision of special education and bilingual programs.

SECTION 5. 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 commissioner [chair of the State Board of Education] and the chief operating officer of the school.

SECTION 6. Section 21.042, Education Code, is amended to read as follows:

Sec. 21.042. APPROVAL OF RULES. The State Board for Educator Certification must submit a written copy of each rule it proposes to adopt to the commissioner [State Board of Education for review]. The commissioner [State Board of Education] may reject a proposed rule [by a vote of at least two-thirds of the members of the board present and voting]. If the commissioner [State Board of Education] fails to reject a proposal before the 90th day after the date on which the commissioner [it] receives the proposal, the proposal takes effect as a rule of the State Board for Educator Certification as provided by Chapter 2001, Government Code. The commissioner [State Board of Education] may not modify a rule proposed by the State Board for Educator Certification.

SECTION 7. Section 31.024, Education Code, is amended to read as follows:

Sec. 31.024. ADOPTION BY AGENCY [STATE BOARD OF EDUCATION]. (a) The agency [By majority vote, the 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 agency [board] under Section 31.022, the agency [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 8. 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 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 commissioner [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, facilities operated by the Texas Department of Criminal Justice for the imprisonment of individuals convicted of felonies other than state jail felonies, and other state agencies.

(c) The commissioner [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 9. Sections 32.034(a), (c), (d), and (e), Education Code, are amended to read as follows:

(a) The commissioner[, as provided by State Board of Education policy,] may enter into an interagency contract with a public institution of higher education or a consortium of public institutions of higher education in this state to sponsor a center for educational technology under this section.

(c) The membership of the center shall consist of public school educators, regional education service centers, institutions of higher education, nonprofit organizations, and private sector representatives. The commissioner [State Board of Education] shall establish membership policies for the center.

(d) The board of directors of the center is composed of the commissioner or the commissioner's representative and other persons [shall be] appointed by the commissioner, as follows [State Board of Education and shall consist of]:

(1) representatives of the center, including members of the public education system; and

(2) a representative of each sponsoring institution of higher education[; and

[(3) the commissioner or the commissioner's representative].

(e) The board of directors shall:

(1) employ a director for the center;

(2) establish priorities for the center's activities; and

(3) report annually on the operation, projects, and fiscal affairs of the center to the commissioner if the commissioner does not serve on the board and to [State Board of Education and] the membership of the center.

SECTION 10. Sections 33.084(a) and (e), Education Code, are amended to read as follows:

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

(1) the commissioner [two members of the State Board of Education appointed by the chair of the board];

(2) a member of the house of representatives appointed by the speaker of the house;

(3) a member of the senate appointed by the lieutenant governor;

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

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

(6) four [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 commissioner [State Board of Education].

SECTION 11. Section 37.216(a), Education Code, is amended to read as follows:

(a) Not later than January 1 of each odd-numbered year, the board shall provide a report to the governor, the legislature, [the State Board of Education,] and the agency.

SECTION 12. Section 39.026, Education Code, is amended to read as follows:

Sec. 39.026. LOCAL OPTION. In addition to the assessment instruments adopted and administered by the agency [and administered by the State Board of Education], a school district may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. A norm-referenced assessment instrument adopted under this section must be economical, nationally recognized, and state-approved.

SECTION 13. Section 39.052(b), Education Code, is amended to read as follows:

(b) In determining the accreditation status of a school district, the commissioner:

(1) shall evaluate and consider:

(A) performance on student achievement indicators described by Section 39.053(c); and

(B) performance under the financial accountability rating system developed under Subchapter D; and

(2) may evaluate and consider:

(A) the district's compliance with statutory requirements and requirements imposed by rule of the commissioner [or State Board of Education] under specific statutory authority that relate to:

(i) reporting data through the Public Education Information Management System (PEIMS) or other reports required by state or federal law or court order;

(ii) the high school graduation requirements under Section 28.025; or

(iii) an item listed under Sections 7.056(e)(3)(C)-(I) that applies to the district;

(B) the effectiveness of the district's programs for special populations; and

(C) the effectiveness of the district's career and technology program.

SECTION 14. Section 39.263(c), Education Code, is amended to read as follows:

(c) The commissioner shall select annually schools and districts qualified to receive successful school awards for their performance and report the selections to the governor [and the State Board of Education].

SECTION 15. Section 39.307, Education Code, is amended to read as follows:

Sec. 39.307. USES OF PERFORMANCE REPORT. The information required to be reported under Section 39.306 shall be:

(1) the subject of public hearings or meetings required under Sections 11.252, 11.253, and 39.306;

(2) a primary consideration in school district and campus planning; and

(3) a primary consideration of:

(A) [the State Board of Education in the evaluation of the performance of the commissioner;

[(B)] the commissioner in the evaluation of the performance of the directors of the regional education service centers;

(B) [(C)] the board of trustees of a school district in the evaluation of the performance of the superintendent of the district; and

(C) [(D)] the superintendent in the evaluation of the performance of the district's campus principals.

SECTION 16. Sections 39.331(d) and (e), Education Code, are amended to read as follows:

(d) Subsections (a) and (b) apply to any report required by statute that the agency [or the State Board of Education] must prepare and deliver to the governor, lieutenant governor, speaker of the house of representatives, or legislature.

(e) Unless otherwise provided by law, any report required by statute that the agency [or the State Board of Education] must prepare and deliver to the governor, lieutenant governor, speaker of the house of representatives, or legislature may be combined, at the discretion of the commissioner, with a report required by this subchapter.

SECTION 17. Section 39.332(b)(23), Education Code, is amended to read as follows:

(23) The report must contain any additional information considered important by the commissioner [or the State Board of Education].

SECTION 18. Section 42.004, Education Code, is amended to read as follows:

Sec. 42.004. ADMINISTRATION OF THE PROGRAM. The commissioner, in accordance with the rules of the commissioner [State Board of Education], shall take such action and require such reports consistent with this chapter as may be necessary to implement and administer the Foundation School Program.

SECTION 19. Section 43.0031, Education Code, is amended to read as follows:

Sec. 43.0031. PERMANENT SCHOOL FUND ETHICS POLICY. (a) In addition to any other requirements provided by law, the commissioner [State Board of Education] shall adopt and enforce an ethics policy that provides standards of conduct relating to the agency's management and investment of the permanent school fund. The ethics policy must include provisions that address the following issues as they apply to the management and investment of the permanent school fund and to persons responsible for managing and investing the fund:

(1) general ethical standards;

(2) conflicts of interest;

(3) prohibited transactions and interests;

(4) the acceptance of gifts and entertainment;

(5) compliance with applicable professional standards;

(6) ethics training; and

(7) compliance with and enforcement of the ethics policy.

(b) The ethics policy must include provisions applicable to:

(1) [members of the State Board of Education;

[(2)] the commissioner;

(2) [(3)] employees of the agency; and

(3) [(4)] any person who provides services to the agency [board] relating to the management or investment of the permanent school fund.

(c) Not later than the 45th day before the date on which the commissioner [board] intends to adopt a proposed ethics policy or an amendment to or revision of an adopted ethics policy, the commissioner [board] shall submit a copy of the proposed policy, amendment, or revision to the Texas Ethics Commission and the state auditor for review and comments. The commissioner [board] shall consider any comments from the commission or state auditor before adopting the proposed policy.

(d) The provisions of the ethics policy that apply to a person who provides services to the agency [board] relating to the management or investment of the permanent school fund must be based on the Code of Ethics and the Standards of Professional Conduct prescribed by the Association for Investment Management and Research or other ethics standards adopted by another appropriate professionally recognized entity.

(e) The agency [board] shall ensure that applicable provisions of the ethics policy are included in any contract under which a person provides services to the agency [board] relating to the management and investment of the permanent school fund.

SECTION 20. Section 43.0032, Education Code, is amended to read as follows:

Sec. 43.0032. CONFLICTS OF INTEREST. (a) The [A member of the State Board of Education, the] commissioner, an employee of the agency, or a person who provides services to the agency [board] that relate to the management or investment of the permanent school fund who has a business, commercial, or other relationship that could reasonably be expected to diminish the person's independence of judgment in the performance of the person's responsibilities relating to the management or investment of the fund shall disclose the relationship in writing to the agency [board].

(b) The commissioner [board or the board's designee] shall, in the ethics policy adopted under Section 43.0031, define the kinds of relationships that may create a possible conflict of interest.

(c) A person who files a statement under Subsection (a) disclosing a possible conflict of interest may not give advice or make decisions about a matter affected by the possible conflict of interest unless the commissioner [board], after consultation with the general counsel of the agency, expressly waives this prohibition. The commissioner [board] may delegate the authority to waive the prohibition established by this subsection.

SECTION 21. Section 86.22, Education Code, is amended to read as follows:

Sec. 86.22. ACCRUED INTEREST. The interest heretofore collected by the State Board of Education in accordance with the provisions of the act of August 21, 1876, due at the end of the fiscal year of 1876, on the bonds belonging to the Agricultural and Mechanical College and invested in six percent state bonds, shall also constitute a part of the perpetual fund of the university until the legislature shall otherwise provide. The agency [state board] shall collect the semiannual interest on the bonds as it becomes due, and place the money in the state treasury to the credit of the fund. The interest on all such bonds is set apart exclusively for the use of the university and shall be drawn from the treasury by the board of directors on vouchers audited by the board, or approved by the governor and attested by the secretary of the board. On the vouchers being filed with the comptroller, the comptroller [he] shall draw the [his] warrant on the state treasury as necessary to pay the directors, professors and officers of the university.

SECTION 22. 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 23. Sections 42.005(a), Election Code, is amended to read as follows:

(a) A county election precinct, including a consolidated precinct, may not contain territory from more than one of each of the following types of territorial units:

(1) a commissioners precinct;

(2) a justice precinct;

(3) a congressional district;

(4) a state representative district;

(5) a state senatorial district; or

(6) a ward in a city with a population of 10,000 or more[; or

[(7) a State Board of Education district].

SECTION 24. Section 42.010(c), Election Code, is amended to read as follows:

(c) After each redistricting of a territorial unit described by Section 42.005(a)(3), (4), or (5)[, or (7)], the commissioners court may submit recommendations to the secretary of state on changes to the territorial units to allow the county to eliminate county election precincts with no population or a substantially small population.

SECTION 25. Section 52.092(d), Election Code, is amended to read as follows:

(d) District offices of the state government shall be listed in the following order:

(1) [member, State Board of Education;

[(2)] state senator;

(2) [(3)] state representative;

(3) [(4)] chief justice, court of appeals;

(4) [(5)] justice, court of appeals;

(5) [(6)] district judge;

(6) [(7)] criminal district judge;

(7) [(8)] family district judge;

(8) [(9)] district attorney;

(9) [(10)] criminal district attorney.

SECTION 26. Section 68.001(a), Election Code, is amended to read as follows:

(a) The secretary of state shall tabulate the unofficial results as provided by this subchapter in each primary election and general election for state and county officers on each proposed amendment to the state constitution and for each contested race for nomination or election to:

(1) a federal office or statewide office of the state government;

(2) the office of state senator; and

(3) the office of state representative[; and

[(4) the office of member, State Board of Education].

SECTION 27. Section 172.024(a), Election Code, is amended to read as follows:

(a) The filing fee for a candidate for nomination in the general primary election is as follows:

(1) United States senator $5,000

(2) office elected statewide, except United States senator 3,750

(3) United States representative 3,125

(4) state senator 1,250

(5) state representative 750

(6) [member, State Board of Education 300

[(7)] chief justice or justice, court of appeals, other than a justice specified by Subdivision (7) [(8)] 1,875

(7) [(8)] chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than 750,000 is wholly or partly situated2,500

(8) [(9)] district judge or judge specified by Section 52.092(d) for which this schedule does not otherwise prescribe a fee 1,500

(9) [(10)] district or criminal district judge of a court in a judicial district wholly contained in a county with a population of more than 850,000 2,500

(10) [(11)] judge, statutory county court, other than a judge specified by Subdivision (11) [(12)] 1,500

(11) [(12)] judge of a statutory county court in a county with a population of more than 850,000 2,500

(12) [(13)] district attorney, criminal district attorney, or county attorney performing the duties of a district attorney 1,250

(13) [(14)] county commissioner, district clerk, county clerk, sheriff, county tax assessor-collector, county treasurer, or judge, constitutional county court:

(A) county with a population of 200,000 or more 1,250

(B) county with a population of under 200,000 750

(14) [(15)] justice of the peace or constable:

(A) county with a population of 200,000 or more 1,000

(B) county with a population of under 200,000 375

(15) [(16)] county surveyor75

(16) [(17)] office of the county government for which this schedule does not otherwise prescribe a fee 750

SECTION 28. Section 172.021(e), Election Code, is amended to read as follows:

(e) A candidate for an office specified by Section 172.024(a)(7), (9), or (11) [172.024(a)(8), (10), or (12)], or for justice of the peace in a county with a population of more than 850,000, who chooses to pay the filing fee must also accompany the application with a petition for a place on the primary ballot as a candidate for judicial office that complies with the requirements prescribed for the petition authorized by Subsection (b), except that the minimum number of signatures that must appear on the petition required by this subsection is 250. If the candidate chooses to file the petition authorized by Subsection (b) in lieu of the filing fee, the minimum number of signatures required for that petition is increased by 250. Signatures on a petition filed under this subsection or Subsection (b) by a candidate covered by this subsection may not be obtained on the grounds of a county courthouse or courthouse annex.

SECTION 29. Section 252.005, Election Code, is amended to read as follows:

Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: CANDIDATE. An individual must file a campaign treasurer appointment for the individual's own candidacy with:

(1) the commission, if the appointment is made for candidacy for:

(A) a statewide office;

(B) a district office filled by voters of more than one county;

(C) a judicial district office filled by voters of only one county;

(D) state senator; or

(E) state representative[; or

[(F) the State Board of Education];

(2) the county clerk, if the appointment is made for candidacy for a county office, a precinct office, or a district office other than one included in Subdivision (1);

(3) the clerk or secretary of the governing body of the political subdivision or, if the political subdivision has no clerk or secretary, with the governing body's presiding officer, if the appointment is made for candidacy for an office of a political subdivision other than a county;

(4) the county clerk if:

(A) the appointment is made for candidacy for an office of a political subdivision other than a county;

(B) the governing body for the political subdivision has not been formed; and

(C) no boundary of the political subdivision crosses a boundary of the county; or

(5) the commission if:

(A) the appointment is made for candidacy for an office of a political subdivision other than a county;

(B) the governing body for the political subdivision has not been formed; and

(C) the political subdivision is situated in more than one county.

SECTION 30. Section 323.0145(a)(2), Government Code, is amended to read as follows:

(2) "Legislative information" means:

(A) a list of all the members of each house of the legislature;

(B) a list of the committees of the legislature and their members;

(C) the full text of each bill as filed and as subsequently amended, substituted, engrossed, or enrolled in either house of the legislature;

(D) the full text of each amendment or substitute adopted by a legislative committee for each bill filed in either house of the legislature;

(E) the calendar of each house of the legislature, the schedule of legislative committee hearings, and a list of the matters pending on the floor of each house of the legislature;

(F) detailed procedural information about how a bill filed in either house of the legislature becomes law, including detailed timetable information concerning the times under the constitution or the rules of either house when the legislature may take certain actions on a bill;

(G) the district boundaries or other identifying information for the following districts in Texas:

(i) house of representatives;

(ii) senate; and

(iii) [State Board of Education; and

[(iv)] United States Congress; and

(H) other information related to the legislative process that in the council's opinion should be made available through the Internet.

SECTION 31. Section 572.002(4), Government Code, is amended to read as follows:

(4) "Elected officer" means:

(A) a member of the legislature;

(B) an executive or judicial officer elected in a statewide election;

(C) a judge of a court of appeals or of a district court;

(D) [a member of the State Board of Education;

[(E)] a district attorney or criminal district attorney; or

(E) [(F)] an individual appointed to fill a vacancy in an office or appointed to a newly created office who, if elected to the office instead of appointed, would be an elected officer under this subdivision.

SECTION 32. Section 1551.109(a), Insurance Code, is amended to read as follows:

(a) Subject to Section 1551.351, on application to the board of trustees and arrangement for payment of contributions, an individual participating in the group benefits program on August 31, 2003, as a current or former member of a governing body with administrative responsibility over a state agency created under a statute of this state that has statewide jurisdiction and whose employees are covered by this chapter, [or] as a [current or] former member of the State Board of Education, or as a current or former member of the governing body of an institution of higher education remains eligible for participation in a health benefit plan offered under this chapter if a lapse in coverage has not occurred.

SECTION 33. Section 504.401(d), Transportation Code, is amended to read as follows:

(d) In this section, "state official" means:

(1) a member of the legislature;

(2) the governor;

(3) the lieutenant governor;

(4) a justice of the supreme court;

(5) a judge of the court of criminal appeals;

(6) the attorney general;

(7) the commissioner of the General Land Office;

(8) the comptroller;

(9) a member of the Railroad Commission of Texas;

(10) the commissioner of agriculture; or

(11) the secretary of state[; or

[(12) a member of the State Board of Education].

SECTION 34. Section 545.360, Transportation Code, is amended to read as follows:

Sec. 545.360. DUTY OF TEXAS TRANSPORTATION COMMISSION AND COMMISSIONER OF EDUCATION [STATE BOARD OF EDUCATION] TO PROVIDE INFORMATION AND ASSISTANCE. The chairman of the Texas Transportation Commission and the commissioner of education [chairman of the 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 35. On May 1, 2012, the following sections of the Education Code are repealed:

(1) Section 7.101;

(2) Section 7.102;

(3) Section 7.103;

(4) Section 7.104;

(5) Section 7.105;

(6) Section 7.106;

(7) Section 7.107;

(8) Section 7.108;

(9) Section 7.110; and

(10) Section 43.006(d).

SECTION 36. (a) On May 1, 2012:

(1) all functions and activities performed by the State Board of Education immediately before that date are transferred to the Texas Education Agency;

(2) a rule, form, policy, procedure, or decision of the State Board of Education continues in effect as a rule, form, policy, procedure, or decision of the Texas Education Agency and remains in effect until amended or replaced by the commissioner of education;

(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 Texas Education Agency, except for a reference under:

(A) 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; or

(B) Section 7.112, Education Code, Section 1551.109(a), Insurance Code, or another law similarly based on a person's former status as a member of 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 Texas Education Agency, except that a contract under Section 12.112, Education Code, is transferred to the commissioner of education;

(6) a court case, administrative proceeding, contract negotiation, or other proceeding involving the State Board of Education is transferred without change in status to the Texas Education Agency, and the Texas Education Agency 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 Texas Education Agency to which the State Board of Education is a party;

(7) an employee of the State Board of Education becomes an employee of the Texas Education Agency; and

(8) the unexpended and unobligated balance of any money appropriated by the legislature for the State Board of Education is transferred to the Texas Education Agency.

(b) Before May 1, 2012, the State Board of Education may agree with the Texas Education Agency to transfer any property of the State Board of Education to the Texas Education Agency to implement the transfer required by this section.

(c) In the period beginning on January 1, 2012, and ending on April 30, 2012:

(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 37. 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, 2012. The required signatories of a charter for an open-enrollment charter school in the case of a charter entered into before May 1, 2012, 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 38. This Act does not affect the reference to the state board of education under Section 143.112(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 39. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2012, but only if the constitutional amendment abolishing the State Board of Education and transferring functions of the board to the Texas Education Agency is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.

(b) The change in law made by this Act to Section 1551.109(a), Insurance Code, takes effect May 1, 2012, but only if the constitutional amendment abolishing the State Board of Education and transferring functions of the board to the Texas Education Agency is approved by the voters. If that amendment is not approved by the voters, the change in law made by this Act to Section 1551.109(a), Insurance Code, has no effect.