By: Taylor of Galveston S.B. No. 1659

A BILL TO BE ENTITLED

AN ACT

relating to the commissioner of education accepting contributions for the public school system, adopting rules regarding grant compliance, and establishing grants for high-quality educational programs.

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

SECTION 1. Section 7.055(b), Education Code, is amended by adding Subdivision (42) to read as follows:

(42) The commissioner may accept a gift, grant, donation, or other contribution on behalf of the public school system or agency and, unless otherwise specified by the donor, may use the contribution in the manner the commissioner determines.

SECTION 2. Subchapter C, Chapter 7, Education Code, is amended by adding Section 7.067 to read as follows:

Sec. 7.067. GRANT COMPLIANCE. (a) The commissioner may:

(1) adopt rules to ensure that recipients of state-funded grants administered by the commissioner or the agency are in compliance with grant requirements; and

(2) require a grant recipient to provide information to the agency detailing grant compliance.

(b) The commissioner may direct the agency to make a site visit to a grant recipient to review the recipient's compliance with grant requirements. A review conducted under this subsection is not subject to Section 7.028 or 39.056.

(c) If the commissioner finds that a grant recipient is not in compliance with grant requirements, the commissioner may:

(1) seek the remittance of the grant funds; and

(2) withhold funding authorized under Section 12.106 or Chapter 42 or any other state funding in an amount sufficient to recover the grant funds provided to the recipient.

(d) A decision of the commissioner regarding grant compliance, including a decision to withhold funding under Subsection (c), is final and may not be appealed.

SECTION 3. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.924 to read as follows:

Sec. 29.924. HIGH-QUALITY EDUCATIONAL PROGRAM GRANTS. (a) The commissioner shall establish a competitive grant program to assist school districts and open-enrollment charter schools in implementing high-quality educational programs.

(b) The commissioner may adopt rules on the use of grant funds under this section, including rules determining eligibility, award amount, and any restrictions. The commissioner may authorize a grant recipient or a tax-exempt organization contracting with the grant recipient to use grant funds for the remodeling of current facilities and performance-based incentives.

(c) Grant funds awarded under this section may be used by a grant recipient only to implement a high-quality educational program or to enhance a current educational program in order for the program to operate as a high-quality educational program.

(d) In selecting grant recipients under this section, the commissioner must consider the availability of existing resources, including funds and equipment, to students in the school district or open-enrollment charter school.

(e) The commissioner may make grants under this section using funds allocated for that purpose under Section 12.141(c)(1) and gifts, grants, and donations accepted by the commissioner. A decision of the commissioner concerning the amount of funds available for a grant is final and may not be appealed.

SECTION 4. The commissioner of education is required to implement this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commissioner of education may, but is not required to, implement this Act using other appropriations available for the purpose.

SECTION 5. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2017.

(b) This Act takes effect only if S.B. 1658, Acts of the 85th Legislature, Regular Session, 2017, is enacted and becomes law. If S.B. 1658 is not enacted or does not become law, this Act has no effect.