H.B. No. 3643
  relating to the creation of the Texas Commission on Virtual
         SECTION 1.  Chapter 48, Education Code, is amended by adding
  Subchapter I to read as follows:
         Sec. 48.401.  DEFINITION. In this subchapter, "commission"
  means the Texas Commission on Virtual Education.
  The commission is established to develop and make recommendations
  regarding the delivery of virtual education in the public school
  system and state funding for virtual education under the Foundation
  School Program.
         (b)  The commission consists of 13 members appointed as
               (1)  four members appointed by the governor;
               (2)  four members appointed by the lieutenant governor;
               (3)  four members appointed by the speaker of the house
  of representatives; and
               (4)  a member of the State Board of Education, as
  designated by the chair of that board.
         (c)  The members appointed by the governor must have an
  interest in public education and include at least:
               (1)  one current or retired classroom teacher with at
  least 10 years of teaching experience;
               (2)  one member of the business community; and
               (3)  one member of the civic community.
         (d)  The appointments made by the lieutenant governor and the
  speaker of the house of representatives must each consist of:
               (1)  three members of the applicable legislative
  chamber; and
               (2)  an administrator in the public school system or an
  elected member of the board of trustees of a school district.
         (e)  In making appointments under Subsections (b)(1), (2),
  and (3), the governor, lieutenant governor, and speaker of the
  house of representatives shall coordinate to ensure that the
  membership of the commission reflects, to the extent possible, the
  ethnic and geographic diversity of this state.
         Sec. 48.403.  PRESIDING OFFICER. The governor shall
  designate the presiding officer of the commission.
         Sec. 48.404.  COMPENSATION AND REIMBURSEMENT. A member of
  the commission is not entitled to compensation for service on the
  commission but is entitled to reimbursement for actual and
  necessary expenses incurred in performing commission duties.
         Sec. 48.405.  ADMINISTRATIVE SUPPORT AND FUNDING. (a)  The
  agency shall provide administrative support for the commission.
         (b)  Funding for the administrative and operational expenses
  of the commission shall be provided by legislative appropriation
  made to the agency for that purpose.
         Sec. 48.406.  RECOMMENDATIONS. (a) The commission shall
  develop recommendations to address issues related to the delivery
  of and funding for virtual education, including alternative
  instructional delivery methods and alternative methods of funding.
         (b)  The commission may establish one or more working groups
  composed of not more than five members of the commission to study,
  discuss, and address specific policy issues and recommendations to
  refer to the commission for consideration.
         Sec. 48.407.  REPORT. Not later than December 31, 2022, the
  commission shall prepare and deliver a report to the governor and
  the legislature that contains commission recommendations for
  legislative action to improve the implementation of virtual
  The commission may hold public meetings as needed to fulfill its
  duties under this subchapter.
         (b)  The commission is subject to Chapters 551 and 552,
  Government Code.
         Sec. 48.4085.  GIFTS, GRANTS, AND DONATIONS. The agency may
  accept gifts, grants, and donations from any source to support the
  SUBCHAPTER. The commission is abolished and this subchapter expires
  January 1, 2023.
         SECTION 2.  The Texas Commission on Virtual Education, as
  created by Subchapter I, Chapter 48, Education Code, as added by
  this Act, is required to implement a provision of this Act only if
  the legislature appropriates money specifically for that purpose.  
  If the legislature does not appropriate money specifically for that
  purpose, the agency may, but is not required to, support the
  commission using other appropriations available for that purpose.
         SECTION 3.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 4.  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, 2021.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 3643 was passed by the House on April
  29, 2021, by the following vote:  Yeas 103, Nays 41, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3643 on May 28, 2021, by the following vote:  Yeas 106, Nays 40,
  1 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 3643 was passed by the Senate, with
  amendments, on May 24, 2021, by the following vote:  Yeas 29, Nays
  Secretary of the Senate   
  APPROVED: __________________