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  86R8134 SOS-D
 
  By: Campbell S.B. No. 1089
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the circumstances under which a school district is
  required to provide air-conditioned transportation for students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12A.004(a), Education Code, is amended
  to read as follows:
         (a)  A local innovation plan may not provide for the
  exemption of a district designated as a district of innovation from
  the following provisions of this title:
               (1)  a state or federal requirement applicable to an
  open-enrollment charter school operating under Subchapter D,
  Chapter 12;
               (2)  Subchapters A, C, D, and E, Chapter 11, except that
  a district may be exempt from Sections 11.1511(b)(5) and (14) and
  Section 11.162;
               (3)  state curriculum and graduation requirements
  adopted under Chapter 28;
               (4)  the transportation requirement imposed under
  Section 34.0031; and
               (5) [(4)]  academic and financial accountability and
  sanctions under Chapters 39 and 39A.
         SECTION 2.  Chapter 34, Education Code, is amended by adding
  Section 34.0031 to read as follows:
         Sec. 34.0031.  AIR-CONDITIONED TRANSPORTATION PROVIDED BY
  CERTAIN SCHOOL DISTRICTS.  (a)  In addition to other requirements
  provided by law, a school district that begins instruction for
  students for a school year before the fourth Monday in August shall
  provide for air-conditioned transportation of students to and from
  school starting with the first day of instruction and continuing
  through the fourth Monday in August.
         (b)  The commissioner shall adopt rules to administer this
  section.
         SECTION 3.  Section 34.008(a), Education Code, is amended to
  read as follows:
         (a)  A board of county school trustees or school district
  board of trustees may contract with a mass transit authority,
  commercial transportation company, or juvenile board for all or any
  part of a district's public school transportation if the authority,
  company, or board:
               (1)  requires its school bus drivers to have the
  qualifications required by and to be certified in accordance with
  standards established by the Department of Public Safety; [and]
               (2)  uses only those school buses or mass transit
  authority buses in transporting 15 or more public school students
  that meet or exceed safety standards for school buses established
  under Section 34.002; and
               (3)  if applicable, uses only those school buses or
  mass transit authority buses equipped with air-conditioning as
  required by Section 34.0031 in transporting public school students
  to and from school during the period required under that section.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the commissioner of education shall adopt rules to
  administer Section 34.0031, Education Code, as added by this Act.
         SECTION 5.  Section 34.008, Education Code, as amended by
  this Act, applies only to a contract entered into or renewed on or
  after the effective date of this Act. A contract entered into or
  renewed before the effective date of this Act is governed by the law
  as it existed immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 6.  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, 2019.