84R7302 GCB-D
 
  By: Menéndez S.B. No. 1775
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the acquisition of certain professional services by a
  school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.109, Education Code, is amended to
  read as follows:
         Sec. 39.109.  ACQUISITION OF PROFESSIONAL SERVICES. (a) In
  addition to other interventions and sanctions authorized under this
  subchapter, the commissioner may order a school district or campus
  to acquire professional services at the expense of the district or
  campus to address the applicable financial, assessment, data
  quality, program, performance, or governance deficiency.  The
  commissioner's order may require the district or campus to:
               (1)  select or be assigned an external auditor, data
  quality expert, professional authorized to monitor district
  assessment instrument administration, or curriculum or program
  expert; or
               (2)  provide for or participate in the appropriate
  training of district staff or board of trustees members in the case
  of a district, or campus staff, in the case of a campus.
         (b)  An educator approved as a professional service provider
  to provide services to a school district or campus ordered to
  acquire the service in accordance with this section may not charge
  the district for the service more than: 
               (1)  $75 per hour; or
               (2)  a fixed amount equivalent to that hourly rate.
         SECTION 2.  The change in law made by this Act to Section
  39.109, Education Code, applies to the payment for services
  provided or to payment owed pursuant to a contract for services
  entered on or after the effective date of this Act. The payment for
  services provided or payment owed pursuant to a contract for
  services entered before the effective date of this Act is governed
  by the law in effect on the date the contract was entered, if any, or
  on the date the service was provided if no contract was entered, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.