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A BILL TO BE ENTITLED
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AN ACT
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relating to the termination of the contract of a superintendent of a |
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school district based on malfeasance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 11, Education Code, is |
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amended by adding Section 11.2011 to read as follows: |
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Sec. 11.2011. MALFEASANCE BY SUPERINTENDENT. (a) In this |
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section: |
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(1) "Malfeasance" means intentional misconduct or the |
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knowingly improper performance of any act, duty, or responsibility, |
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including unethical or criminal conduct. |
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(2) "Severance payment" has the meaning assigned by |
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Section 11.201. |
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(b) If a superintendent is terminated by the board of |
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trustees of the school district based on malfeasance, resigns from |
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the position of superintendent to avoid being terminated based on |
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malfeasance, or is terminated or resigns in lieu of termination |
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while under investigation for malfeasance, the board of trustees |
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must receive approval from the commissioner for any severance |
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payment to the superintendent. The board of trustees must include |
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in a request for approval of a severance payment: |
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(1) the school district fund from which the severance |
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payment would be paid, provided that Foundation School Program |
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funds received from the state may not be used; and |
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(2) the manner in which the funds would be used if the |
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district did not make the severance payment. |
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(c) The commissioner may not approve a severance payment to |
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a superintendent under Subsection (b) if less than 51 percent of the |
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superintendent's contract is completed. |
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(d) The commissioner may adopt rules as necessary to |
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administer this section. |
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(e) If a severance payment was made before September 1, |
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2019, to a superintendent who was terminated or resigned based on |
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malfeasance or the investigation of malfeasance, the district |
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shall: |
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(1) report the severance payment to the commissioner |
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not later than January 1, 2020; and |
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(2) provide details regarding the manner in which the |
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funds would have been used by the school district if the severance |
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payment had not occurred. |
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(f) Subsection (e) and this subsection expire September 1, |
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2020. |
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SECTION 2. This Act takes effect September 1, 2019. |