Amend CSHB 5 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  (a) Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.038 to read as follows:
Sec. 39.038.  AUDIT OF ASSESSMENT INSTRUMENT DEVELOPERS. (a) The state auditor shall conduct a review of the qualifications of each person who develops assessment instruments under this subchapter.
(b)  The review must evaluate the suitability of the person to develop assessment instruments, including by:
(1)  examining the education qualifications of the developers and person grading the exams; and
(2)  identifying potential conflicts of interest between the employees, consultants, or registered lobbyists of the person and:
(A)  the agency;
(B)  the Texas Higher Education Coordinating Board; or
(C)  State Board of Education committees, task forces, or review boards.
(b)  This section applies beginning with the 2013-2014 school year.