BILL ANALYSIS

Senate Research Center	H.B. 1789
88R3396 CJD-D	By: Buckley (Flores)
	Education
	5/9/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Federal regulations and state laws have hindered the ability of school districts to hire school bus drivers, contributing to a growing shortage of drivers. Specifically, state law prohibits nepotism in the appointment of individuals to positions that are paid out of public funds but provides exemptions for the appointment or employment of a bus driver by a school district that is located in a county or part of a county with a small population. H.B. 1789 seeks to alleviate the bus driver shortage by exempting from nepotism prohibitions the appointment or employment of a bus driver by a district whose board of trustees approves the appointment or employment. H.B. 1789 amends the Government Code to exempt from the application of nepotism prohibitions relating to certain publicly funded positions. It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

H.B. 1789 amends current law relating to the application of nepotism prohibitions to a person appointed or employed by a school district as a bus driver.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 573.061, Government Code, as follows:

Sec. 573.061. GENERAL EXCEPTIONS. Provides that Section 573.041 (Prohibition Applicable to Public Official) does not apply to certain cases, including an appointment or employment of a bus driver by a school district if certain criteria are met, including that the board of trustees of the district approves the appointment or employment. Makes nonsubstantive changes.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.