BILL ANALYSIS

 

 

Senate Research Center

S.B. 1575

88R10540 SCP-D

By: Middleton

 

State Affairs

 

3/21/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The State Board of Education (SBOE) is a state agency comprised of elected officials. Given their elected positions, members of the SBOE are often asked to consider matters whereby an opinion by the attorney general would aid in their decisions. However, under current law members of SBOE are not allowed to request an opinion of the attorney general. Members of SBOE must rely on legislators, the lieutenant governor, or the governor to make requests on their behalf. 

 

S.B. 1575 solves this issue by adding members of State Board of Education to the list of officials who can request opinions from the attorney general.

 

As proposed, S.B. 1575 amends current law relating to the authority of a member of the State Board of Education to request an attorney general opinion.

 

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 402.042(b), Government Code, as follows:

 

(b) Authorizes an opinion to be requested by:

 

(1)-(7) makes no changes to these subdivisions;

 

(8)-(9) makes nonsubstantive changes to these subdivisions; or

 

(10) a member of the State Board of Education.

 

SECTION 2. Effective date: upon passage or September 1, 2023.